Public Law 61–231

1.—

An

That the laws relating to the judiciary

Judicial Code.

be, and they hereby are, codified, revised, and amended, with title, chapters, head-notes, and sections, entitled, numbered, and to read as follows:

TITLE.

THE JUDICIARY.

CHAPTER One.

DISTRICT COURTS ORGANIZATION.

Chapter 1.

District courts, organization.

Sec. 1.

District courts established; appointment and residence of judges.

2. Salaries of district judges.

3. Clerks.

4. Deputy clerks.

5. Criers and bailiffs.

6. Records; where kept.

7. Effect of altering terms.

8. Trials not discontinued by new term.

9. Court always open as courts of admiralty and equity.

10. Monthly adjournments for trial of criminal causes.

1.

Special

12. Adjournment in case of nonattendance of judge.

13. Designation of another judge in case of disability of judge.

14. Designation of another judge in case of an accumulation of business.

Sec. 15.

When designation to be made by Chief Justice.

16. New appointment and revocation.

17. Designation of district judge in aid of another judge.

18. When circuit judge may be designated to hold district court.

19. Duty of district and circuit judge in such cases.

20. When district judge is interested or related to parties.

1.

When

22. Continuance in case of vacancy in office.

23. Districts having more than one judge; division of business.

Sec.1.

In each of the districts described

District Courts.

in chapter five,

R. S., sec. 551, p. 93.

there shall be a court called a district court, for which there shall be appointed one judge, to be called a district judge

Judge for each district.

;

Additional for designated States.

except that in the northern district of California,

Vol. 34, p.995; Ante, p.201.

the northern district of Illinois, the district of Maryland, the district of Minnesota, the district of Nebraska, the district of New Jersey,

Vol. 32, p.795; Vol. 34 p. 997; Vol. 33, p. 987; Vol. 31, p. 726; Vol 34, p. 228; Ante, p. 202.

the eastern district of New York, the northern and southern districts of Ohio,

Vol. 35. p. 686; Vol. 33, p.155; Vol. 35, p. 656; Vol. 35, p. 686; Vol. 33, p. 155; Vol 35, p. 656; vol. 35, p. 686; Vol. 32, p. 805; vol. 34, p.202; Vol. 35, p. 685.

the district of Oregon, the eastern and western districts of Pennsylvania, and the western district of Washington, there shall be an additional district judge in each, and in the southern district of New York, three additional district judges: Provided,

Provisos.

That whenever a vacancy shall occur in the office of the district judge for the district of Maryland, senior in commission,

Maryland senior judge.

such vacancy shall not be filled, and thereafter there shall be but one district judge in said district:

Ante, p. 201.

Provided further, That there shall be one judge for the eastern and western districts of South Carolina,

Service in two districts.

one judge for the eastern and middle districts of Tennessee, and one judge

R. S., sec. 552, p. 98.

for the northern and southern districts of Mississippi: Provided further, That the district judge for the middle district of Alabama

Alabama.

shall continue as heretofore to be a district judge for the northern district thereof.

Vol. 24, p. 213.

Every district judge shall reside in the district

Residence required.

or one of the districts for which he is appointed, and for offending against this provision shall be deemed guilty of a high misdemeanor.

Sec.2.

Each of the district judges shall receive a salary

Pay of judges.

of six thousand dollars a year, to be paid in monthly installments.

Vol. 32, p. 825.

Sec.3.

A clerk

Clerks.

shall be appointed for each district court by the judge thereof, except in cases

R. S., sec. 555, p. 93.

otherwise provided for by law.

Sec.4.

Except as otherwise specially provided by law, the clerk

Deputy clerks.

of the district court for each district may, with the approval of the district judge thereof, appoint

Appointment and tenure.

such number of deputy clerks as may be

R. S., sec. 558, p. 94.

deemed necessary by such judge, who may be designated to reside and maintain oilices at such places of holding court as the judge may determine. Such deputies may be removed at the pleasure of the clerk appointing them, with the concurrence of the district judge. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate and the sureties on his official bond shall be liable; and his executor or administrator shall have such remedy for any such default or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime.

Sec.5.

The district court for each district may appoint a crier

Criers and bailiffs. R. S., sec. 715. p. 186.

for the court; and the marshal may appoint such number of persons, not exceeding five, as the judge may determine, to wait upon the grand and other juries, and for other necessary purposes.

Sec.6.

The records

Preservation of records.

of a district court shall be kept at the place where the court is field. When it is held at more than one place in any district

R.S. 8., sec. 562, p. 94.

and the place of keeping the records is not specially provided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge.

Sec.7.

No action, suit, proceeding, or process

Change of terms not to affect pending cases.

in any district court shall abate or be rendered invalid by reason of any act changing the time of holding such court, but the same shall

R. S., sec. 573. p. 101.

be deemed to be returnable to, pending, and triable in the terms established next after the return day thereof.

Sec.8.

When the trial or hearing of any cause, civil or criminal, in a district court has been commenced

Continuance of cases beyond regular terms.

and is in progress before a jury or the court, it shall not be stayed or discontinued by the arrival of the time fixed by law

R. S., sec. 746, p. 141.

for another session of said court; but the court may proceed therein and bring it to a conclusion in the same manner and with the same effect as if another stated term of the court had not intervened.

Sec.9.

The district courts, as courts of admiralty

Always open for equity and admiralty business.

and as courts of equity, shall

R. S., sec. 574, p. 101.

be deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rides, and other proceedings preparatory to the hearing, upon their merits, of all causes pending therein.

Orders in chambers, etc.

Any district judge may, upon reasonable notice to the parties, make, direct, and award, at chambers or in the clerk’s office, and in vacation as well as in term, all such process, commissions, orders, rides, and other proceedings, whenever the same are not grantable of couse, according to the rules and practice of the court.

Sec.10.

District courts shall hold monthly adjournments

Adjournments for criminal trials.

of their regular terms, for the trial of criminal causes,

R. S., sec. 578. p. 102.

when their business requires it to be done, in order to prevent undue expenses and delays in such cases.

Sec.11.

A special term

Special terms.

of any district court may be held at the same place where any regular term is held, or at such other place in the

R. S.,sec.581,p. 102.

district as the nature of the business may require, and at such time and upon such notice as may be ordered by the district judge. Any business may be transacted at such special term which might be transacted at a regular term.

Sec.12.

If the judge of any district court

Adjournment in absence of judge.

is unable to attend at the commencement of any regular, adjourned, or special term, or

R. S., sec. 583, p. 102.

any time during such term, the court may be adjourned by the marshal, or clerk, by virtue of a written order directed to him by the judge, to the next regular term, or to any earlier day, as the order may direct.

Sec.13.

When any district judge is prevented,

Designation of another judge during a temporary absence.

by any disability, from holding any stated or appointed term of his district court, and that fact is made to appear by the certificate of the clerk, under the seal of the court, to any circuit judge of the circuit

From same circuit.

in which the district lies, or, in the absence of all the circuit judges,

R. S., sec. 591, p. 104.

to the circuit justice of the circuit in which the district lies, any such circuit judge or justice may, if in his judgment the public interests so require, designate and appoint the judge of any other district in the same circuit to hold said court, and to discharge all the judicial duties of the judge so disabled, during such disability. Whenever it shall be certified by any such circuit judge or, in his absence, by the circuit justice of the circuit in which the district lies, that for any sufficient reason it is impracticable to designate and appoint a judge of another district

From another circuit.

within the circuit to perform the duties of such disabled judge, the chief justice may, if in his judgment the public interests so require,

Vol. 34, p. 1417.

designate and appoint the judge of any district in another circuit to hold said court and to discharge all the judicial duties of the judge so disabled, during such disability. Such appointment shall be filed

Record of designation.

in the clerk’s office, and entered on the minutes of the said district court, and a certified copy thereof, under the seal of the court, shall be transmitted by the clerk to the judge so designated and appointed.

Sec.14.

When, from the accumulation

Designation to dispose of accumulated or urgent business.

or urgency of business in any district court, the public interests

R. S., sec. 592, p. 104.

require the designation and appointment hereinafter provided, and the fact is made to appear, by the certificate of the clerk, under the seal of the court, to any circuit judge of the circuit in which the district lies, or, in the absence of all the circuit judges, to the circuit justice of the circuit in which the district lies, such circuit judge or justice may designate and appoint the judge of any other district in the same circuit to have and exercise within the district first named the same powers that are vested in the judge thereof. Each of the said district judges may, in case of such appointment,

Separate courts authorized.

hold separately at the same time a district court in such district, and discharge all the judicial duties of the district judge therein.

Sec.15.

If all the circuit judges and the circuit justice are absent

Designation of temporary judge by Chief Justice.

from the circuit, or are unable to execute the provisions

R. S., sec. 593, p. 101.

of either of the two preceding sections, or if the district judge so designated is disabled or neglects to hold the court and transact the business for which he is designated, the clerk of the district court shall certify the fact to the Chief Justice of the United States, who may thereupon designate and appoint in the manner aforesaid the judge of any district within such circuit or within any other circuit; and said appointment shall be transmitted to the clerk and be acted upon by him as directed in the preceding section.

Sec.16.

Any such

New designations if required.

circuit judge, or circuit justice, or the Chief Justice, as the case may be, may, from time to time,

R. S., see. 594, p. 104.

if in his judgment the public interests so require, make a new designation and appointment of any other district judge, in the manner, for the duties, and with the powers mentioned in the three preceding sections, and revoke any previous designation and appointment.

Sec.17.

It shall be the duty of the senior circuit judge

Senior circuit judge to designate from any district in circuit.

then present in the circuit, whenever in his judgment the public interest so requires,

R. S., sec. 596, p. 105.

to designate and appoint, in the manner and with the powers provided in section fourteen,

Vol. 21, p. 454.

the district judge of any judicial district within his circuit to hold a district court in the place or in aid of any other district judge within the same circuit.

Sec.18.

Whenever, in the judgment of the senior circuit judge

Circuit judge to hold district court.

of the circuit in which the district lies, or of the circuit justice assigned to such circuit, or of the Chief Justice, the public interest shall

require, the said judge, or associate justice, or Chief Justice, shall designate and appoint any circuit judge of the circuit to hold said district court.

Sec.19.

It shall be the duty of the district or circuit judge

Authority, etc., of designated judge.

who is designated and appointed under either of the six preceding sections,

R. S., sec. 595, p. 104.

to discharge all the judicial duties for which he is so appointed, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before 1dm, in pursuance of said provisions, shall have the same effect and validity as if done by or before the district judge of the said district.

Sec.20.

Whenever it appears that the judge

Action when judge disqualified to serve.

of any district court is in any way concerned in interest in any suit pending therein,

R. S., sec. 601, p. 105.

or has been of counsel or is a material witness for either party, or is so related to or connected with either party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on application by either party, to cause the fact to be entered on the records of the court; and also an order that an authenticated copy thereof shall be forthwith certified to the senior circuit judge for said circuit then present in the circuit ; and thereupon such proceedings shall be had as are provided in section fourteen.

Sec.21.

Whenever a party to any action or proceeding, civil or criminal,

Action when personal bias or prejudice of judge is charged.

shall make and file an affidavit that the judge before whom the action or proceeding is to be tried or heard has a personal bias or prejudice either against him or in favor of any opposite party to the suit, such judge shall proceed no further therein, but another judge shall be designated in the manner prescribed in the section last preceding, or chosen in the manner prescribed in section twenty-three, to hear such matter. Every such affidavit

Affidavit required.

shall state the facts and the reasons for the belief that such bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term of the court, or good cause shall be shown for the failure to file it within such time. No party shall be entitled in any case to file more than one such affidavit; and no such affidavit shall be filed unless accompanied by a certificate of counsel of record that such affidavit and application are made in good faith. The same proceedings

When judge admits partiality.

shall be had when the presiding judge shall file with the clerk of the court a certificate that lie deems himself unable for any reason to preside with absolute impartiality in the pending suit or action.

Sec.22.

When the office of judge of any district

Continuance if office becomes vacant.

court becomes vacant, all process, pleadings, and proceedings pending

R. S., secs. 602, 603, p. 105.

before such court shall, if necessary, be continued by the clerk thereof until such times as a judge shall be appointed, or designated to hold such court; and the judge so designated, while holding such court, shall possess the powers conferred by, and be subject to the provisions contained in, section nineteen.

Sec.23.

In districts having more than one district judge,

Division of business in districts with additional judge.

the judges may agree upon the division of business and assignment of cases for trial in said district ; but in case they do not so agree, the senior circuit judge of the circuit in which the district lies, shall make all necessary orders for the division of business and the assignment of cases for trial in said district.

Chapter 2.

DISTRICT COURTS—JURISDICTION.

Sec. 24.

Original jurisdiction.

1.

Where

2. Of crimes and offenses.

3. Of admiralty causes, seizures, and prizes.

4. Of suits under any law relating to the slave trade.

5. Of cases under internal revenue, customs, and tonnage laws.

6. Of suits under postal laws.

7. Of suits under the patent, the copyright, and the trade-mark laws.

8. Of suits for violation of interstate commerce laws.

9. Of penalties and forfeitures.

10. Of suite on debentures.

1.

Of

12. Of suits concerning civil rights.

13. Of suits against pensons having knowledge of conspiracy, etc.

14. Of suits to redress the deprivation, under color of aw, of civil rights.

Sec. 24.

Original jurisdiction—Continued.

Par. 15. Of suits to recover certain offices.

10. Of suits against nationalbanking associations.

17. Of suits by aliens for torts.

18. Of suits against consuls and vice-consuls.

19. Of suits and proceedings in bankruptcy.

20. Of suits against the United States.

1.

Of

22. Of suits under immigration and contract-labor laws.

23. Of suits against trusts, monopolies, and unlawful combinations.

24. Of suits concerning allotments of land to Indians.

25. Of partition suits where United States is joint tenant.

25. Appellate jurisdiction under Chinese- exclusion laws.

26. Appellate jurisdiction over Yellowstone National Park.

27. Jurisdiction of crimes on Indian reservations in South Dakota.

Sec.24.

The district courts shall have original jurisdiction

Original jurisdiction.

as follows:

R. S., secs. 563, 629, pp. 94,110.

First. Of all suits of a civil nature, at common law or in equity, brought by the United States,

Suits brought by United States.

or by any officer thereof authorized by law to sue, or between citizens of the same State claiming lands

Under grants from different States.

under grants from different States; or, where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of three thousand dollars, and (a) arises under the Constitution or laws of the United States,

Under United States laws.

or treaties made, or which shall be made, under their authority, or (b) is between citizens of different States,

Citizens of different States.

or (c) is between citizens of a State and foreign States,

With foreign States, etc.

citizens, or subjects. No district court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note

Restriction on promissory notes.

or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover upon said note or other chose in action if no assignment had been made: Provided, however,

Proviso.

That the foregoing provision as to the sum or value of the matter in controversy

Exceptions.

shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section.

Second. Of all crimes and offenses

Crimes and offenses.

cognizable under the authority of the United States.

Third. Of all civil causes of admiralty and maritime jurisdiction,

Admiralty and maritime cases.

saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it; of all seizures on land or waters not within admiralty and maritime jurisdiction; of all prizes brought into the United States; and of all proceedings for the condemnation of property taken as prize.

Fourth. Of all suits arising under any law relating to the

Slave trade.

slave trade.

Fifth. Of all cases arising under any law providing for internal revenue, or from revenue

Revenue cases.

from imports or tonnage, except those cases arising under any law providing revenue

Customs appeals excepted.

from imports, jurisdiction of which has been conferred upon the

Ante, p. 106.

Court of Customs Appeals.

Sixth. Of all cases arising under the

Postal suits.

postal laws.

Seventh. Of all suits at law or in equity arising under the patent, the copyright, and the trade-mark laws.

Patents, copyrights, and trademarks.

Eighth. Of all suits and proceedings arising under any law regulating commerce,

Commerce suits.

except those suits and proceedings exclusive jurisdiction

Cases in Commerce Court excepted.

of which has been conferred upon the Commerce Court.

Ante, p. 539.

Ninth. Of all suits and proceedings for the enforcement of penalties

Penalties and forfeitures.

and forfeitures incurred under any law of the United States.

Tenth. Of all suits by the assignee of any debenture

Suits on debentures.

for drawback of duties, issued under any law for the collection of duties, against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such debenture.

Eleventh. Of all suits brought by any person to recover damages

Suite for damages under United States laws.

for any injury to his person or property on account of any act done by him, under any law of the United States, for the protection or collection of any of the revenues thereof, or to enforce the right of citizens of the United States to vote in the several States.

Twelfth. Of all suits authorized by law to be brought by any person for the recovery of damages

Civil rights suits.

on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty, Revised Statutes.

Thirteenth. Of all suits authorized by law to be brought against any person who, having knowledge that any of the wrongs

Knowledge of conspiracy, etc.

mentioned in section nineteen hundred and eighty, Revised Statutes,

R. S., sec. 1980. p. 347.

are about to be done, and, having power to prevent or aid in preventing the same, neglects or refuses so to do, to recover damages for any such wrongful act.

Fourteenth. Of all suits at law or in equity authorized by law to be brought by any person to redress

Redress for deprivation of civil rights.

the deprivation, under color of any law, statute, ordinance, regulation, custom, or usage of any State, of any right, privilege, or immunity, secured by the Constitution of the United States, or of any right secured by any law of the United States providing for equal rights of citizens of the United States, or of all persons within the jurisdiction of the United States.

Fifteenth. Of all suits to recover possession

Recovery of office.

of any office, except that of elector of President or Vice President, Representative in or Delegate to Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, color, or previous condition of servitude: Provided,

Proviso.

That such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right

Limited to determination of civil rights.

guaranteed by the Constitution of the United States, and secured by any law, to enforce the right of citizens of the Uniteti States to vote in all the States.

Sixteenth. Of all cases commenced by the United States, or by direction of any officer thereof, against any national banking

National bank cases.

association, and cases for winding up the affairs of any such bank; and of all suits brought by any banking association established in the district for which the court is held, under the provisions of title “National Banks,” Revised Statutes, to enjoin the Comptroller of

the Currency, or any receiver acting under his direction, as provided by said title. And all national banking associations established under the laws of the United States shall, for the purposes of all other actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located.

Seventeenth. Of all suits brought by any alien for a tort

By aliens for tore only.

only, in violation of the laws of nations or of a treaty of the United States.

Eighteenth. Of all suits against consuls and vice consuls.

Ninteenth. Of all matters and proceedings in bankruptcy.

Twentieth. Concurrent with the Court of Claims, of all claims

Claims against the United States.

not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress,

Vol. 24, p. 505.

or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable, and of all set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court: Provided, however,

Provisos.

That nothing in this paragraph shall be construed as giving to either the district courts or the Court of Claims

Claims excepted.

jurisdiction to hear and determine claims growing out of the late Civil War, and commonly known as “war claims,”

War claims.

or to hear and determine other claims which had been rejected

Rejected claims.

or reported on adversely prior to the third day of March, eighteen hundred and eighty-seven, by any court, department, or commission authorized to hear and determine the same, or to hear and determine claims for pensions; or as giving to the district courts jurisdiction of cases brought to recover fees, salary, or compensation

Pensions.

for official services of officers of the United States or brought or such purpose by persons claiming as such officers or as assignees or legal representatives

Official services. Vol. 30, p. 495.

thereof; but no suit pending on the twenty seventh day of June, eighteen hundred and ninety-eight,

Vol. 31, p. 33.

shall abate or be affected by this provision : A nd provided further, That no suit against the Government of the United States shall be allowed

To be brought in six years.

under this paragraph unless the same shall have been brought within six years after the right accrued for which the claim is made: Provided,

Rights of married women, minors, etc.

That the claims of married women, first accrued during marriage, of persons under the age of twenty-one years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the suit be brought within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. All suits brought and tried under the provisions of this paragraph shall be tried by the court

Without jury.

without a jury.

Twenty-first. Of proceedings in equity,

Unlawful inclosures of public lands.

by writ of injunction, to restrain violations of the provisions of laws of the United States to prevent the unlawful inclosure of public lands ; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employee having charge or control of the inclosure.

Twenty-second. Of all suits and proceedings arising under any law regulating the immigration

Immigration and contract labor cases.

of aliens, or under the contract labor laws.

Twenty-third. Of all suits and proceedings arising under any law to protect trade and commerce

Antitrust cases.

against restraints and monopolies.

Twenty-fourth.

Indian allotments.

Of all actions, suits, or proceedings involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty.

Twenty-fifth.

Partition suits where United States a tenant in common.

Of suits in equity brought by any tenant in common or joint tenant for the partition of lands in cases where the United States is one of such tenants in common or joint tenants, such suits to be brought in the district in which such land is situate.

Sec.25.

The district courts shall have appellate jurisdiction of the judgments and orders of United States commissioners in cases arising under the

Chinese exclusion appeals.

Chinese exclusion laws.

Sec.26.

The district court for the district of Wyoming

Yellowstone Park offenses in Wyoming district court.

shall have jurisdiction of all felonies committed within the Yellowstone National Park and appellate jurisdiction of judgments in cases of conviction before the commissioner authorized to be appointed under section five of an

Vol. 28, p. 74.

Act entitled “An Act to protect the birds and animals in Yellowstone National Park, and to punish crimes in said Park, and for other purposes,’’ approved May seventh, eighteen hundred and ninety-four.

Sec.27.

The district court of the United States for the district of South Dakota

Indian reservations, South Dakota.

shall have jurisdiction to hear, try, and determine all actions and proceedings in which any person shall be charged with the

Criminal jurisdiction in district court.

crime of murder, manslaughter, rape, assault with intent to kill, arson, burglary, larceny, or assault with a dangerous weapon, committed within the limits of any Indian reservation in the State of South Dakota.

Chapter Three.

DISTRICT COURTS—REMOVAL OF CAUSES.

Sec. 28.

Removal of suits from State to United States district courts.

29. Procedure for removal.

30. Suits under grants of land from different States.

1.

Removal

32. When petitioner is in actual custody of State court.

33. Suits and prosecutions against revenue officers, etc.

Sec. 34.

Removal of suits by aliens.

35. When copies of records are refused by clerk of State court.

36. Previous attachment bonds, orders, etc., remain valid.

37. Suits improperly in district court may be dismissed or remanded.

38. Proceedings in suits removed.

39. Time for filing record; return of record, how enforced.

Sec.28.

Any suit of a civil nature, at law or in equity,

Removal of suits from State to district courts.

arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority,

Vol. 25. p. 433.

of which the district courts of the United States are given original jurisdiction by this title, which may now be pending or which may hereafter be brought,

Cases under Constitution, laws, or treaties.

in any State court, may be removed by the defendant or defendants therein to the district court of the United States for the proper district. Any other suit of a civil nature, at law or in equity,

By nonresident defendants.

of which the district courts of the United States are given jurisdiction by this title, and which are now pending or which may hereafter be brought, in any State court, may be removed into the district court of the United States for the proper district by the defendant or defendants therein, being nonresidents of that State.) And when in any suit mentioned in this section there shall be a controversy which is wholly between

Between citizens of different States.

citizens of different States, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the district court of the United States for the proper district. And where a suit is now pending, or may hereafter be brought, in any State court, in which there

On account of local prejudice.

is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, any defendant, being such citizen of another

Chapter 3.

District courts, removal of causes.

State, may remove such suit into the district court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said district court that from prejudice or local influence he will not be able to obtain just ice in such State court, or in any other State court to which the said defendant may, under the laws of the State, have the right, on account of such prejudice or local influence, to remove said cause: Provided,

Provisos.

That if it further appear that said suit can be fully and justly determined as to the other defendants

Remanding as to parties not affected by prejudice, etc.

in the State court, without being affected by such prejudice or local influence, and that no party to the suit will be prejudiced by a separation of the parties, said district court may direct the suit to be remanded, so far as relates to such other defendants, to the State court, to be proceeded with therein. At any time before the trial of any suit

Where justice not denied.

which is now pending in any district court, or may hereafter be entered therein, and which has been removed to said court from a State court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said State court, the district court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in said State court, it shall cause the same to be remanded thereto.

No appeal from order remanding.

Whenever any cause shall be removed from any State court into any district court of the United States, and the district court shall decide that the cause was improperly removed, and order the same to be remanded to the State court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the district court so remanding such cause shall be allowed:

Damage suits against common carriers not removable.

Provided, That no case arising under an

Vol. 35, p. 65.

Act entitled “An Act relating to the liability of common carriers by railroad to their employees in certain cases,” approved April twenty-second, nineteen hundred and eight, or any amendment thereto, and brought in any State court of competent jurisdiction shall be removed to any court of the United States.

Sec.29.

Whenever any party

Procedure for removal.

entitled to remove any suit mentioned in the last preceding section, except suits removable on the ground of prejudice or local influence, may desire to remove

Vol. 25, p. 434.

such suit from a State court to the district court of the United States, he may make and file a

Filing petition, etc.

petition, duly verified, in such suit in such State court at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or jilead to the declaration or complaint of the plaintiff, for the removal of such suit into the district court to be held in the district where such suit is pending, and shall make and file therewith a

Bond required.

bond, with good and sufficient surety, for his or their entering in such district court, within thirty days from the date of filing said petition, a certified copy of the record in such suit, and for paying all costs that may be awarded by the said district court if said district court shall hold that such suit was wrongfully or improperly removed thereto, and also for their appearing and entering special bail in such suit if special bail was originally requisite therein.) It shall then be the duty of the State court to accept said petition and bond and

State court to proceed no further.

proceed no further in such suit. Written notice of said petition and bond for removal shall be given the adverse party or parties prior to filing the same. The said copy being entered within said thirty days as aforesaid in said district court of the United States, the parties so removing the said cause shall, within thirty days thereafter, plead, answer, or demur to the declaration or complaint in said cause, and the cause shall then proceed in the same manner as if it had been originally commenced in the said district court.

Sec.30.

If in any action commenced in a State court the title of land

Suits under grants of land from different Slates.

be concerned, and the parties are citizens of the same State and the matter in dispute exceeds the sum or value of three thousand dollars, exclusive of interest

R. S., sec. 647. p. 117.

and costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit if the court require it, that he or they claim, and shall rely upon, a right

Vol. 25. p. 435.

or title to the land under a grant from a State, and produce the original grant, or an exemplification of it, except where the loss of public records shall put it out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right or title to the under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant or give it in evidence upon the trial. If he or they inform the court that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond, as hereinbefore mentioned in this chapter, remove the cause for trial to the district court of the United States next to be holden in such district ; and any one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim.

Sec.31.

When any civil suit or criminal prosecution is commenced in any State court, for any cause whatsoever, against

Suits involving civil rights.

any person who is denied or can not enforce in the judicial tribunals of the State, or in the part of the State where such

R.S., sec. 641, p. 115.

suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction of the United States, or against

Petition, etc.

any officer, civil or military, or other person, for any arrest or imprisonment or other trespasses or wrongs made or committed by virtue of or under color of authority derived from any law providing for equal rights as aforesaid, or for refusing to do any act on the ground that it would be inconsistent with such law, such suit or prosecution may, upon the petition of such defendant, filed in said State court at any time before the trial or final hearing of the cause, stating the facts and verified by oath, be removed for trial into the next district court to be held in the district where it is pending. Upon the filing of such petition

Stay of proceedings.

all further proceedings in the State courts shall cease, and shall not be resumed except as hereinafter provided. But all bail

Bail,etc.,continued.

and other security given in such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. It shall be the duty of the clerk of the State court

Copy of proceedings.

to furnish such defendant, petitioning for a removal, copies of said process against him, and of all pleadings, depositions, testimony, and other proceedings in the case.

Procedure.

If such copies are filed by said petitioner in the district court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original process; and if the said clerk refuses

If clerk refuses to furnish copies.

or neglects to furnish such copies, the petitioner may thereupon docket the case in the district court, and the said court shall then have jurisdiction therein, and may, upon proof of such refusal or neglect of said clerk, and upon reasonable notice to the plaintiff, require the plaintiff to file a declaration, petition, or complaint in the cause; and, in case of his default, may order a nonsuit and dismiss the case

Dismissal if petitioner fails to file copies, etc.

at the costs of the plaintiff, and such dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file copies in the district court, as herein provided, a certificate, under the seal of the district court, stating such failure, shall be given,

and upon the production thereof in said State court the cause shall proceed therein as if no petition for removal had been filed.

Sec.32.

When all the acts necessary for the removal

Removal from custody of State court.

of any suit or prosecution, as provided in the preceding section, have been performed, and the defendant petitioning for such removal

R.S., sec. 642, p. 116.

is in actual custody on process issued by said State court, it shall be the duty of the clerk of said district court to issue a writ of habeas corpus cum causa, and of the marshal, by virtue of said writ, to take the body of the defendant into his custody, to be dealt with in said district court according to law and the orders of said court, or, in vacation, of any judge thereof; and the marshal shall file with or deliver to the clerk of said State court a duplicate copy of said writ.

Sec.33.

When any civil suit or criminal prosecution

Actions involving United States revenue laws.

is commenced in any court of a State against any officer appointed under or acting by authority of any revenue law

R. S. 643, p. 116.

of the United States now or hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his office or of any such law, or on account of any right, title, or authority claimed by such officer or other person under any such law; or is commenced against any person holding property or estate by title derived from any such officer, and affects the validity of any such revenue law;

Official duties for Congress.

or when any suit is commenced against any person for on account of anything done by him while an officer of either House of Congress in the

Vol. 18, p. 401.

discharge of his official duty, in executing any order of such House, the said suit or prosecution may, at any time before the trial or final hearing thereof, be removed for trial into the district court next to be holden in the district where the same is pending, upon the petition of such defendant to said district court, and in the following manner: Said petition

Petition, etc.

shall set forth the nature of the suit or prosecution and be verified by affidavit, and, together with a certificate signed by an attorney or counselor at law of some court of record of the State where such suit or prosecution is commenced, or of the United States, stating that, as counsel for the petitioner, he has examined the proceedings against him and carefully inquired into all the matters set forth in the petition, and that he believes them to be true, shall be presented to the said district court, if in session, or if it be not, to the clerk thereof at his office, and shall be filed in said office. The cause shall thereupon be entered on the docket of the district court, and shall proceed as a cause originally commenced in that court; but all bail and other security given upon such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. When the suit is commenced in the State court by summons, subpoena, petition, or other process

Certiorari to State court for record, etc.

except capias, the clerk of the district court shall issue a writ of certiorari to the State court, requiring it to send to the district court the record and proceedings in the cause. When it is commenced by capias

Capias proceedings.

or by any other similar form or proceeding by which a personal arrest is ordered, he shall issue a writ of habeas corpus cum causa, a duplicate of which shall be delivered to the clerk of the State court, or left at his office, by the marshal of the district or his deputy, or by some person duly authorized thereto; and thereupon it shall be the duty of the State court to stay all further proceedings in the cause, and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be held to be removed to the district court, and any further proceedings, trial, or judgment therein in the State court shall be void. If the defendant in the

Duty of marshal.

suit or prosecution be in actual custody on mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the cause according to law and the order of the district

court, or, in vacation, of any judge thereof; and if, upon the removal of such suit or prosecution,

Duty of plaintiff.

it is made to appear to the district court that no copy or the record and proceedings therein in the State court can be obtained, the district court may allow and require the plaintiff to proceed de novo and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said district court. On failure of the plaintiff so to proceed, judgment of non prosequitur may be rendered against him, with costs for the defendant.

Sec.34.

Whenever a personal action has been or shall be brought in any State court by an alien

Removal of suits by aliens.

against any citizen of a State who is, or at the time the alleged action accrued was,

R. S., sec. 644, p. 117.

a civil officer of the United States, being a non-resident of that State

R. S., sec. 644, p. 117.

wherein jurisdiction is obtained by the State court, by personal service of process, such action may be removed into the district court of the United States in and for the district in which the defendant shall have been served with the process, in the same manner as now provided for the removal of an action brought in a State court by the provisions of the preceding section.

Sec.35.

In any case where a party is entitled

Proceedings on affidavit of record when copy refused by clerk.

to copies of the records and proceedings in any suit or prosecution in a State court,

R. S . sec. 645, p. 117.

to be used in any court of the United States, if the clerk of said State court, upon demand, and the payment or tender of the legal fees, refuses or neglects to deliver to him certified copies of such records and proceedings, the court of the United States in which such records and proceedings are needed may, on proof by affidavit that the clerk of said State court has refused or neglected to deliver copies thereof, on demand as aforesaid, direct such record to be sup- plied by affidavit or otherwise, as the circumstances of the case may require and allow; and thereupon such proceeding, trial, and judgment may be had in the said court of the United States, and all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court.

Sec.36.

When any suit shall be removed

Attachments, etc., continued to await trial.

from a State court to a district court of the United States, any attachment or sequestration of the

R. S., sec. 646, p. 117.

goods or estate of the defendant had in such suit in the State court shall hold the goods or estate so attached or

Vol. 18, p. 471.

sequestered to answer the final judgment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which said suit was commenced. All bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual notwithstanding said removal; and all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed.

Sec.37.

If in any suit commenced in a district court, or removed from a State court

Dismissal or remanding of suits not properly brought

to a district court of the United States, it shall appear to the satisfaction of the said district court,

Vol. 18. p. 472.

at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said district court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, tor the purpose of creating a case cognizable or removable under this chapter, the said district court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and shall make such order as to costs as shall be just.

Sec.38.

The district court of the United States shall, in all suits removed

Proceedings in suits removed.

under the provisions of this chapter, proceed

Vol. 18, p. 472,

therein as if the suit had been Originally commenced in said district court, and

the same proceedings had been taken in such suit in said district court as shall have been had therein in said State court prior to its removal.

Sec.39.

In all causes removable under this chapter,

Punishment to clerk failing to furnish copy of record, etc.

if the clerk of the State court in which any such cause shall be pending shall

Vol. 18, p. 472.

refuse to any one or more of the parties or persons applying to remove the same, a copy of the record therein, after tender of legal fees for such copy, said clerk so offending shall, on conviction thereof in the district court of the United States to which said action or proceeding was removed, be fined not more than one thousand dollars, or imprisoned not more than one year, or both. The district court to which any cause shall

Certiorari to State court to return record.

be removable under this chapter shall have power to issue a writ of certiorari to said State court commanding said State court to make return of the record in any such cause removed as aforesaid, or in which any one or more of the plaintiffs or defendants have complied with the provisions of this chapter for the removal of the same, and enforce said writ according to law. If it shall be impossible for the parties or persons

Order to prosecutor.

removing any cause under this chapter, or complying with the provisions for the removal thereof, to obtain such copy, for the reason that the clerk of said State court refuses to furnish a copy, on payment of legal fees, or for any other reason, the district court shall make an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty, as aforesaid, to file a copy of the paper or proceeding by which the same was commenced, within such time as the court may determine; and in default thereof the court shall dismiss the said action or proceeding; but if said order shall be complied with, then said district court shall require the other party to plead,

Proceedings.

and said action or proceeding shall proceed to final judgment. The said district court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid.

DISTRICT COURTS MISCELLANEOUS PROVISIONS.

Sec.

40. Capital cases; where triable.

1.

Offenses

42. Offenses begun in one district and completed in another.

43. Suits tor penalties and forfeitures, where brought.

44. Suits for internal-revenue taxes, where brought.

45. Seizures, where cognizable.

46. Capture of insurrectionary property, where cognizable.

47. Certain seizures cognizable in any district into which the property is taken.

48. Jurisdiction in patent cases.

49. Proceedings to enjoin Comptroller of the Currency.

50. When a part of several defendants can not be served.

1.

Civil

52. Suits in States containing more than one district.

53. Districts containing more than one division; where suit to be brought; transfer of criminal cases.

54. Suits of a local nature, where to be brought.

55. When property lies in different districts in same State.

Sec. 56.

When property lies in different States in same circuit; jurisdiction of receiver.

57. Absent defendants in suits to enforce liens, remove clouds on titles, etc.

58. Civil causes may be transferred to an- other division of district by agreement.

59. Upon creation of new district or division, where prosecution to be instituted or action brought.

60. Creation of new district, or transfer of territory not to divest lien; how lien to be enforced.

1.

Commissioners

62. Transfer of records to district court when a Territory becomes a State.

63. District judge shall demand and compel delivery of records of territorial court.

64. Jurisdiction of district courts in cases transferred from territorial courts.

65. Receivers to manage property according to State laws.

66. Suits against receiver.

67. Certain persons not to be appointed or employed as officers of courts.

68. Certain persons not to be masters or receivers.

Chapter 4.

District courts, miscellaneous provisions.

Sec.40.

The

Venue of capital offenses.

trial of offenses punishable with death shall be had in the county

R.S., sec, 729, p.138.

where the offense was committed, where that can be done without great inconvenience.

Sec.41.

The

Offenses on high seas. etc.

trial of all offenses committed upon the high seas, or elsewhere

R. S., sec. 730, p. 138.

out of the jurisdiction of any particular State or district, shall be in the district where the offender is found, or into which he is first brought.

Sec.42.

When any offense

Offenses begun in one district and completed in another.

against the United States is begun in one judicial district and completed in another, it shall be deemed to have been

R. S., see. 731, p. 139.

committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.

Sec.43.

All

Suits for recoveries.

pecuniary penalties and forfeitures may be sued for

R. S..sec.732, p. 139.

and recovered either in the district where they accrue or in the district where the offender is found.

Sec.44.

Taxes accruing under any law providing

Internal revenue tax suits.

internal revenue may be sued for and recovered either in the district

R. S., sec. 733, p. 139.

where the liability for such tax occurs or in the district where the delinquent resides.

Sec.45.

Proceedings on seizures

Seizures on high seas.

made on the high seas, for forfeiture under any law of the United States,

R. S., sec. 734, p. 139.

may be prosecuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided.

Sec.46.

Proceedings for the condemnation

Condemnation of insurrectionary property.

of any property captured, whether on the high seas

R. S., sec. 735. p. 139.

or elsewhere out of the limits of any judicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or promoting any insurrection against the Government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first instituted.

Sec.47.

Proceedings on seizures for forfeiture

Forfeiture of property from section in insurrection, etc.

of any vessel or cargo entering

R. S., sec. 564, p. 96.

any port of entry which has been closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection into other parts of the United States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district into which the property so seized may be taken and proceedings instituted; and the district court thereof shall have as full jurisdiction over such proceedings as if the seizure was made in that district.

Sec.48.

In suits brought for the infringement of letters

Patent suits.

patent the district courts of the United States shall have jurisdiction, in law

Vol. 29, p. 695.

or in equity, in the district of which the defendant is an inhabitant, or in any district in which the defendant, whether a person, partnership, or corporation, shall have committed acts of infringement and have a regular and established place of business. If such suit is brought in a district of which the defendant is not an inhabitant, but in which such defendant has a regular and established place of business, service of process, summons, or subpoena upon the defendant may be made by service upon the agent or agents engaged in conducting such business in the district in which suit is brought.

Sec.49.

All proceedings by any

Proceedings to enjoin Comptroller of Currency.

national banking association to enjoin the Comptroller of the Currency, under the provisions of any law relating to national banking associations, shallbe had in the district where such association is located.

Sec.50.

When there are several defendants in any suit

Proceedings against several defendants.

at law or in equity, and one or more of them are neither inhabitants of nor

R. S., sec. 737, p. 139.

found within the district in which the suit is brought, and do not voluntarily appear, the court may entertain jurisdiction, and proceed to the trial and adjudication of the suit between the parties who are properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties not regularly served with process nor voluntarily appearing to answer; and nonjoinder of parties who are not inhabitants of nor found within the district, as aforesaid, shall not constitute matter of abatement or objection to the suit.

Sec.51.

Except as provided in the five succeeding

Venue of civil suite.

sections, no person shall be arrested in one district for trial in another,

R. S., sec.739. p. 140. Vol. 25, p. 434.

in any civil action before a district court; and, except as provided in the six succeeding sections, no civil suit shall be brought in any district court against any person by any original process or proceeding in any other district than that whereof he is an inhabitant; but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant.

Sec.52.

When a State contains more than one district,

Venue in States having more than one district.

every suit not of a local nature, in the district court thereof, against a single defendant, inhabitant of such State, must be brought in the district

R.S., sec. 740, p. 140.

where he resides ; but if there are two or more defendants, residing in different districts of the State, it may be brought in either district, and a duplicate writ may be issued against the defendants, directed to the marshal of any other district in which any defendant resides. The clerk issuing the duplicate writ shall indorse thereon that it is a true copy of a writ sued out of the court of the proper district; and such original and duplicate writs, when executed and returned into the office from which they issue, shall constitute and be proceeded on as one suit; and upon any judgment or decree rendered therein, execution may be issued, directed to the marshal of any district in the same State.

Sec.53.

When a district contains more than one division,

Districts containing more than one division.

every suit not of a local nature against a single defendant must be brought in the division where he resides; but if there are two or more defendants residing in different divisions of the district it may be brought in either division. All mesne and final process subject to the provisions of this section may be served and executed in any or all of the divisions of the district, or if the State contains more than one district, then in any of such districts, as provided in the preceding section. All prosecutions for crimes

Criminal prosecutions.

or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district. When a transfer is ordered

Transfer of record.

by the court or judge, all the papers in the case, or certified copies thereof, shall be transmitted by the clerk, under the seal of the court, to the division to which the cause is so ordered transferred; and thereupon the cause shall be proceeded with in said division in the same manner as if the offense had been committed therein. In all cases of the removal of suits

Removals from State courts.

from the courts of a State to the district court of the United States such removal shall be to the United States district court in the division in which the county is situated from which the removal is made; and the time within which the removal shall be perfected, in so far as it refera to or is regulated by the terms of United States courts, shall be deemed to refer to the terms of the United States district court in such division.

Sec.102.

The State of Oregon

Oregon.

shall constitute one judicial district, to

R. S., sec. 531, p. 89. Terms.

be known as the district of Oregon. Terms of the district court shall be held at Portland on the first Mondays in March, July, and November; at Pendleton on the first Tuesday in April; and at Meford on the first Tuesday in October. The marshal and the

Offices.

clerk for said district shall each appoint, in the manner provided by law, at least one deputy at Pendleton and one at Medford, who shall reside and maintain an office at each of said places.

Sec.103.

The State of Pennsylvania

Pennsylvania.

is divided into three judicial districts, to be

R. S., sec. 545, p. 91.

known as the eastern, middle, and western districts of Pennsylvania. The eastern district

Eastern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia, and Schuylkill. Terms

Terms.

of the district court shall be held at Philadelphia on the second Mondays in March and June, the third Monday in September, and the second Monday in December, each term to continue until the succeeding term begins. The middle district

Middle district.

shall include the territory embraced on the first day of

Vol. 31, p. 880.

July, nineteen hundred and ten, in the counties of Adams, Bradford, Cameron, Carbon, Center, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Milliin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, and York. Terms

Terms.

of the district court shall be held at Scranton on the fourth Monday in February and the third Monday in October; at Harrisburg on the first Mondays in May and December; and at Williamsport on the second Mondays in January and June. The clerk of the court for the middle district shall maintain an office

Office, etc., at Harrisburg.

in charge of himself or a deputy at Harrisburg; and civil suits instituted at that place shall be tried there, if either party resides nearest that place of holding court, unless by consent of parties they are removed to another place for trial. The western district

Western district

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and Westmoreland. Terms

Terms.

of the district court shall be held at Pittsburg on the first Monday in May and the third Monday in October; and at Erie on the third Monday in July and the second Monday in January.

Sec.104.

The State of Rhode Island

Rhode Island.

shall constitute one judicial district,

R. S., sec. 531, p. 89.

to be known as the district of Rhode Island. Terms

Terms.

of the district court shall be held at Providence on the fourth Tuesday in May and the third Tuesday in November; and at Newport on the second Tuesday in May and the third Tuesday in October.

Sec.105.

The State of South Carolina

South Carolina.

is divided into two districts,

R. S., sec. 546, p. 92.

to be known as the eastern and western districts of South Carolina. The western district

Western district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Abbeville, Anderson, Cherokee, Chester, Edgefield, Fairfield, Greenville, Greenwood, Lancaster, Laurens, Newberry, Oconee, Pickens, Saluda, Spartanburg, Union, and York. Terms

Terms.

of the district court for the western district shall be held at Greenville on the third Tuesdays in April and October. The eastern district

Eastern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Aiken, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Chesterfield, Clarendon, Colleton, Darlington, Dorchester, Florence, Georgetown, Hampton, Horry, Kershaw, Lee, Lexington, Marion, Marlboro, Orangeburg, Richland, Sumter, and Williamsburg. Terms

Terms.

of the district court for the eastern district shall be held at Charleston on the first Tuesdays in June and December; at Columbia on the third Tuesday in January and the first Tuesday in November, the latter term to be solely for the trial of civil cases; and at Florence on the first Tuesday in March. The offices of the clerk

Offices.

of the district court shall be at Greenville, and at Charleston; and the clerk shall reside in one of said cities and have a deputy in the other.

Sec.106.

The State of South Dakota

South Dakota.

shall constitute

Vol. 26. p. 14.

one judicial district, to be known as the district of South Dakota. The territory

Divisions.

embraced on the first day of July, nineteen hundred and ten. in the counties of Aurora, Beadle, Bon Ilomme, Brookings, Bride, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton, and in the Yankton Indian reservation, shall constitute the southern division of said district; the territory embraced on the date last mentioned in the counties of Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson, Marshall, Roberts, Schnasse, Spink, and Walworth, and in the Sisseton and Wahpeton Indian reservation, and in that portion of the Standing Rock Indian reservation lying in South Dakota, shall constitute the northern division; the territory embraced on the date last mentioned in the counties of Armstrong, Búllalo, Dewey, Faulk, Hand, Hughes, Hyde, Jerauld, Lyman, Potter, Stanley, and Sully, and in the Cheyenne River, Lower Brule, and Crow Creek Indian reservations, shall constitute the central division; and the territory embraced on the date last mentioned in the counties of Bennett, Butte, Custer, Fall River, Harding, Lawrence, Meade, Mellette, Pennington, Perkins, Shannon, Todd, Tripp, Washabaugh, and Washington, and in the Rosebud and Pine Ridge Indian reservations, shall constitute the western division. Terms

Terms.

of the district court, for the southern division shall be held at Sioux Falls on the first Tuesday in April and the third Tuesday in October; for the northern division, at Aberdeen on the first Tuesday in May and the second Tuesday in November; for the central division, at Pierre on the second Tuesday in June and the first Tuesday in October; and for the western division, at Deadwood on the third Tuesday in May and the first Tuesday in September. The clerk of the district court shall maintain an office

Offices.

in charge of himself or a deputy at Sioux Falls, at Pierre, at Aberdeen, and at Deadwood, which shall be kept open for the transaction of the business of the court.

Sec.107.

The State of Tennessee

Tennessee.

is divided into three districts,

R. S., sec. 547, p. 92.

to be known as the eastern, middle, and western districts of Tennessee. The eastern district

Eastern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of

Divisions.

Bledsoe, Bradley, Hamilton, James, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie, which shall constitute the southern division of said district; also the territory embraced on the date last mentioned in the counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Sevier, Scott, and Union, which shall constitute the northern division of said district; also the territory embraced on the date last mentioned in the counties of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington, which shall constitute the northeastern division of said district. Terms

Terms.

of the district court for the southern division of said district shall be held at Chattanooga on the fourth Mondays in May and November; for the northern division, at Knoxville on the first Mondays in January and July; and for the northeastern division, at Greeneville on the last Mondays in March and September. The middle district

Middle district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles, Grundy, Hickman, Humphreys, Houston, Lawrence, Lewis, Lincoln, Marshall, Maury, Montgomery, Moore, Robertson, Rutherford, Stewart, Sumner, Trousdale, Warren, Wayne, Williamson, and Wilson, which shall constitute the Nashville division of said district; also the territory embraced on the date last mentioned in the counties of Clay, Cumberland, DeKalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, Van Buren, and White, which shall constitute the northeastern division of said dis

trict. Terms

Terms.

of the district court for the Nashville division of said district shall be held at Nashville on the second Mondays in April and October; and for the northeastern division, at Cookeville on the second Mondays in May and November: Provided,

Proviso.

That suitable accommodations for holding court at Cookeville

Rooms at Cookeville.

shall be provided by the county or municipal authorities without expense to the United States. The western district

Western district

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Dyer, Fayette, Haywood, Lauderdale, Shelby, and Tipton, which shall constitute the western division of said district; also the territory embraced on the date last mentioned in the counties of Benton, Carroll, Chester, Crockett, Decatur, Gibson, Hardeman, Hardin, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry, and Weakley, including the waters of the Tennessee River to low water mark on the eastern shore thereof wherever such river forms the boundary line between the western and middle districts of Tennessee, from the north line of the State of Alabama north to the point in Henry County, Tennessee, where the south boundary line of the State of Kentucky strikes the west bank of the river, which shall constitute the eastern division of said district. Terms

Terms.

of the district court for the western division of said district shall be held at Memphis on the fourth Mondays in May and November; and for the eastern division, at Jackson on the fourth Mondays in April and October. The clerk of the court for the western district

Offices.

shall appoint a deputy who shall reside at Jackson. The marshal for the western district shall appoint a deputy who shall reside at Jackson. The marshal for the eastern district shall appoint a deputy who shall reside at Chattanooga. The clerk of the court for the eastern district shall maintain an office in charge of himself or a deputy at Knoxville, at Chattanooga, and at Greeneville, which shall be kept open at all times for the transaction of the business of the court.

Sec.108.

The State of Texas

Texas.

is divided into four districts, to be known as

Vol. 32, p. 64.

the northern, eastern, western, and southern districts of Texas. The northern district

Northern district

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties

Divisions.

of Dallas, Kilis, Hunt, Johnson, Kaufman, Navarro, and Rockwall, which shall constitute the Dallas division; also the territory embraced on the date last mentioned in the counties of Archer, Baylor, Clay, Comanche, Erath, Foard, Hardeman, Hood, Jack, Palo Pinto, Parker, Tarrant, Wichita, Wilbarger, Wise, and Young, which shall constitute the Fort Worth division; also the territory embraced on the date last mentioned in the counties of Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, King, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler, which shall constitute the Amarillo division; also the territory embraced on the date last mentioned in the counties of Andrews, Borden, Callahan, Dawson, Eastland, Fisher, Gaines, Garza, Haskell, Howard, Jones, Kent, Knox, Lynn, Martin, Midland, Mitchell, Nolan, Scurry, Shackelford, Stephens, Stonewall, Taylor, Terry, Throckmorton, and Yoakum, which shall constitute the Abilene division; also the territory embraced on the date last mentioned in the counties of Brown, Coke, Coleman, Concho, Crockett, Glasscock, Irion, Menard, Mills, Runnels, Schleicher, Sterling, Sutton, Tom Green, and Upton, which shall constitute the San Angelo division of the said district. Terms

Terms.

of the district court for the Dallas division shall be held at Dallas on the second Monday in January and the first Monday in May; for the Fort Worth division, at Fort Worth on the first Monday in November

and the second Monday in March; for the Amarillo division, at Amarillo on the third Monday in April and the fourth Monday in September; for the Abilene division, at Abilene on the first Monday in October and the second Monday in April; and for the San Angelo division, at San Angelo on the third Monday in October and the fourth Monday in April. The clerk of the court for the northern district shall maintain an office

offices.

in charge of himself or a deputy at Dallas, at Fort Worth, at Amarillo, at Abilene, and at San Angelo, which shall be kept open at all times for the transaction of the business of the court. The eastern district

Eastern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of

Divisions.

Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Panola, Rains, Rusk, Smith, Van Zandt, and Wood, which shall constitute the Tyler division; also the territory embraced on the date last mentioned in the counties of Hardin, Jasper, Jefferson, Liberty, Newton, Orange, Sabine, San Augustine, Shelby, and Tyler, which shall constitute the Beaumont division; also the territory embraced on the date last mentioned in the counties of Collin, Cook, Denton, Grayson, and Montague, which shall constitute the Sherman division; also the territory embraced on the date last mentioned in the counties of Camp, Cass, Harrison, Hopkins, Marion, Morris, and Upshur, which shall constitute the Jefferson division; also the territory embraced on the date last mentioned in the counties of Delta, Fannin, Red River, and Lamar, which shall constitute the Paris division; also the territory embraced on the date last mentioned in the counties of Bowie, Franklin, and Titus, winch shall constitute the Texarkana division. Terms

Terms.

of the district court for the Tyler division shall be held at Tyler on the fourth Mondays in January and April; for the Jefferson division, at Jefferson on the first Monday in October and the third Monday in February; for the Beaumont division, at Beaumont on the third Monday in November and the first Monday in April; for the Sherman division, at Sherman on the first Monday in January and the third Monday in May; for the Paris division, at Paris on the third Monday in October and the first Monday in March; and for the Texarkana division at Texarkana on the third Monday in March and the first Monday in November. The clerk of the court for the eastern district shall maintain an office

Offices.

in charge of himself or a deputy at Sherman, at Beaumont, and at Texarkana, which shall be kept open at all times for the transaction of the business of said court. The western district

Western district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties

Divisions.

of Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble,Lampasas, Lee,Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson, which shall constitute the Austin division; also the territory embraced on the date last mentioned in the counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, and Wilson, which shall constitute the San Antonio division; also the territory embraced on the date last mentioned in the counties of Brewster, Crane, Ector, El Paso, Jeff Davis, Loving, Reeves, Presidio, Ward, and Winkler, which shall constitute the El Paso division; also the territory embraced on the date last mentioned in the counties of Bell, Bosque, Coryell, Falls, Hamilton, Freestone, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell, which shall constitute the Waco division; also the territory embraced on the date last mentioned in the comities of Kinney, Maverick, Pecos, Terrell, Uvalde, Valverde, and Zavalla, which shall constitute the Del Rio division. Terms

Terms.

of the district court for the Austin division shall be held at Austin on the fourth Monday in January an the second Monday in June; for the Waco division, at Waco on the fourth Mon-

day in February and the second Monday in November; for the San Antonio division, at San Antonio on the first Monday in May and the third Monday in December; for the El Paso division, at El Paso on the first Monday in April and the first Monday in October; and for the Del Rio division, at Del Rio on the third Monday in March and the fourth Monday in October. The clerk of the court for the western district shall maintain an office

Offices.

in charge of himself or a deputy at Austin, at El Paso, and at Del Rio, which shall be kept open at all times for the transaction of business. The southern district

Southern district.

shall include the territory embraced on the first of July, nineteen hundred and ten, in the counties of

Divisions.

Duval, La Salle, McMullen, Nueces, Webb, and Zapata, which shall constitute the Laredo division; also the territory embraced on the date last mentioned in the counties of Cameron, Hidalgo, and Starr, which shall constitute the Brownsville division; also the territory embraced on the date last mentioned in the counties of Austin, Brazoria, Chambers, Galveston, Fort Bend, Matagorda, and Wharton, which shall constitute the Galveston division; also the territory embraced on the date last mentioned, in the counties of Brazos, Colorado, Fayette, Grimes, Harris, Lavaca, Madison, Montgomery, Polk, San Jacinto, Trinity, Walker, and Waller, which shall constitute the Houston division; also the territory embraced on the date last mentioned, in the counties of Bee, Calhoun, Dewitt, Goliad, Jackson, Live Oak, Refugio, Aransas, San Patricio, and Victoria, which shall constitute the Victoria division. Terms

Terms.

of the district court for the Galveston division shall be held at Galveston on the second Monday in January and the first Monday in June; for the Houston division, at Houston on the fourth Mondays in February and September; for the Laredo division, at Laredo on the third Monday in April and the second Monday in November; for the Brownsville division, at Brownsville on the second Monday in May and the first Monday in December; and for the Victoria division, at Victoria on the first Monday in May and the fourth Monday in November. The clerk of the court for the southern district shall maintain an office

Offices.

in charge of himself or a deputy at each of the places now designated for holding court in said district.

Sec.109.

The State of Utah

Utah.

shall constitute one judicial district,

Vol. 28, p.110.

to be known as the district of Utah. It is divided into two divisions,

Divisions.

to be known as the northern and central divisions. The northern division shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Boxelder, Cache. Davis, Morgan, Rich, and Weber. The central division shall include the territory embraced on the date last mentioned in the counties of Beaver, Carbon, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, San Pete, Sevier, Summit, Tooele, Uinta, Utah, Wasatch, Washington, and Wayne. Terms

Terms.

of the district court for the northern division shall be held at Ogden on the second Mondays in March and September; and for the central division, at Salt Lake City on the second Mondays in April and November. The clerk of the court for said district shall maintain an office

Offices.

in charge of himself or a deputy at each of the places where the court is now required to be held in the district.

Sec.110.

The State of Vermont

Vermont.

shall constitute one judicial district, to be known as the district of Vermont.

R. S., sec. 531, p. 89. Terms.

Terms of the district court shall be held at Burlington on the fourth Tuesday in February; at Windsor on the third Tuesday in May; and at Rutland on the first Tuesday in October. In each year one of the stated terms of the district court may, when adjourned, be adjourned to meet at Montpelier, and one at Newport.

Sec.111.

The State of Virginia

Virginia.

is divided into two districts,

R. S., sec. 549. p. 92.

to be known as the eastern and western districts of Virginia. The eastern

Eastern district.

district shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Accomac, Alexandria, Amelia, Brunswick, Caroline, Charles City, Chesterfield, Culpeper, Dinwiddie, Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, Nauseinomi, New Kent, Norfolk, Northampton, Northumberland, Nottoway, Orange, Powhatan, Prince Edward, Prince George, Prince William, Princess Anne, Richmond, Southampton, Spottsylvania, Stafford, Surry, Sussex, Warwick, Westmoreland, and York. Terms

Terms.

of the district court shall bo held at Richmond on the first Mondays in April and October; at Norfolk on the first Mondays in May and November; and at Alexandria on the first Mondays in January and July. The western district

Western district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Alleghany, Albemarle, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Madison, Montgomery, Nelson, Page, Patrick, Pulaski, Pittsylvania, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe. Terms

Terms.

of the district court shall be held at Lynchburg on the Tuesdays after the second Mondays in March and September; at Danville on the Tuesdays after the second Mondays in April and November; at Abingdon on the Tuesdays after the first Mondays in May and October; at Harrisonburg on the Tuesdays after the first Mondays in June and December; at Charlottesville on the second Monday in January and the first Monday in July; at Roanoke on the third Monday in February and the third Monday in June; and at Big Stone Gap on the fourth Monday in January and the second Monday in August. The clerk of the court for the western district shall maintain an office

Offices.

in charge of himself or a deputy at Lynchburg, at Danville, at Charlottesville, at Roanoke, at Abingdon, and at Big Stone Gap, which shall be kept open at all times for the transaction of the business of the court.

Sec.112.

The State of Washington

Washington.

is divided

Vol. 33, p.824.

into two districts, to be known as the eastern and western districts of Washington. The eastern district

Eastern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of

Divisions.

Spokane, Stevens, Ferry, Okanogan, Chelan, Grant, Douglas, Lincoln, ami Adams, with the waters thereof, including all Indian reservations within said counties, which shall constitute the northern division; also the territory embraced on the date last mentioned in the counties of Asotin, Garfield, Whitman, Columbia, Franklin, Walla Walla, Benton, Klickitat, Kittitas, and Yakima, with the waters thereof, including all Indian reservations within said counties, which shall constitute the southern division of said district. Terms

Terms.

of the district court for the northern division shall be held at Spokane on the first Tuesdays in April and September; for the southern division, at Walla Walla on the first Tuesdays in June and December, and at North Yakima on the first Tuesdays in May and October. The western district

Western district.

shall include the territory

Divisions.

embraced on the first day of July, nineteen hundred and ten, in the counties of Whatcom, Skagit, Snohomish, King, San Juan, Island, Kitsap, Clallam, and Jefferson, with the waters thereof, including all Indian reservations within said counties, which shall constitute the northern division: also the territory embraced on the date last mentioned in the counties of Pierce, Mason, Thurston, Chehalis, Pacific, Lewis, Wahkiakum, Cowlitz, Clarke, and Skamania, with the waters thereof, including

all Indian reservations within said counties, which shall constitute the southern division of said district. Terms

Terms.

of the district court for the northern division shall be held at Bellingham on the first Tuesdays in April and October; at Seattle on the first Tuesdays in May and November; and for the southern division, at Tacoma on the first Tuesdays in February and July. The clerks of the courts for the eastern and western districts shall maintain an office

Offices.

in charge of himself or a deputy at each place in their respective districts where terms of court are now required to be held.

Sec.113.

The State of West Virginia

West Virginia.

is divided into two districts,

Vol. 31, p. 786.

to be known as the northern and southern districts of West Virginia. The northern district

Northern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Hancock, Brooke, Ohio, Marshall, Tyler, Pleasants, Wood, Wirt, Ritchie, Doddridge, Wetzel, Monongalia, Marion, Harrison, Lewis, Gilmer, Calhoun, Upshur, Barbour, Taylor, Preston, Tucker, Randolph, Pendleton, Hardy, Grant, Mineral, Hampshire, Morgan, Berkeley, and Jefferson, with the waters thereof. Terms

Terms.

of the district court for the northern district shall bo held at Martinsburg, the first Tuesday of April and the third Tuesday of September; at Clarksburg, the second Tuesday of April and the first Tuesday of October; at Wheeling, the first Tuesday of May and the third Tuesday of October; at Philippi, the fourth Tuesday of May and first Tuesday of November; at Parkersburg, the second Tuesday of January and second Tuesday of June: Provided,

Proviso.

That a place for holding court at Philippi

Rooms at Philippi.

shall be furnished the Government free of cost by Barbour County until other provision is made therefor by law. The southern district

Southern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Jackson, Roane, Clay, Braxton, Webster, Nicholas, Pocahontas. Greenbrier. Fayette, Boone, Kanawha, Putnam, Mason, Cabell, Wayne, Lincoln, Logan, Mingo, Raleigh, Wyoming, McDowell, Mercer, Summers, and Monroe, with the waters thereof. Terms

Terms.

of the district court for the southern district shall be held at Charleston on the first Tuesday in June and the third Tuesday in November; at Huntington, on the first Tuesday in April and the first Tuesday after the third Monday in September; at Bluefield on the first Tuesday in May and the third Tuesday in October; at Addison on the first Monday in September; and at Lewisburg on the second Tuesday in February: Provided,

Proviso.

That accommodations for holding court at Addison

Rooms at Addison.

shall be furnished without cost to the United States.

Sec.114.

The State of Wisconsin

Wisconsin.

is divided into two districts,

R. S., sec. 550, p. 92.

to be known as the eastern and western districts of Wisconsin. The eastern district

Eastern district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Brown, Calumet, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, Kewaunee, Langlade, Manitowoc, Marinette, Marquette, Milwaukee, Oconto, Outagamie, Ozaukee, Racine, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara,and Winnebago. Terms

Terms.

of the district court for said district shall be held at Milwaukee on the first Mondays in January and October; at Oshkosh on the second Tuesday in June; and at Green Bay on the first Tuesday in April. The western district

Western district.

shall include the territory embraced on the first day of July, nineteen hundred and ten, in the counties of Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Dunn, Douglas, Eau Claire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon. Monroe, Oneida, Pepin, Pierce, Polk, Portage, Price, Richlaud, Rock, Rusk, Saint Croix, Sauk, Sawyer, Taylor, Trempealeau,

Vernon, Vilas, Washburn, and Wood. Terms

Terms.

of the district court for said district shall be held at Madison on the first Tuesday in December; at Eau Claire on the first Tuesday in June; at La Crosse on the third Tuesday in September; and at Superior on the fourth Tuesday in January and the second Tuesday in July. The district court for each of said districts shall be open nt all times for the pur pose of hearing and deciding causes of admiralty and maritime juris diction, so far as the same can be done without a jury. The clerk of the court for the western district shall maintain an office in charge of himself or a deputy at Madison, at La Crosse, and at Superior, which shall be kept open at all times for the transaction of the business of the court. The marshal for the western district shall appoint a deputy marshal who shall reside and keep his office at Superior. All

Return of process, etc., at Superior.

writs and other process, except criminal warrants, issued at Superior, may be made returnable at Superior;

Vol. 35. p. 648.

and the clerk at that place shall keep in his office the original records of all actions, prosecutions, and special proceedings so commenced and pending therein. Criminal warrants may be returned at any place within the district where court is held. Whenever warrants issued at Superior shall be returned at any other place, the clerk of the court wherein the warrant is returned, shall certify the same, under the seal of the court, together with the plea and other proceedings had thereon, and the determination of the court upon such plea or proceedings, with all papers and orders filed in reference thereto, to the clerk of the court at Superior; and the clerk at Superior shall enter upon his records a minute of the proceedings had upon the return of said warrant, certified as aforesaid. All causes and proceedings instituted in the court at Superior, shall be tried therein, unless by consent of the parties, or upon the order of the court, they are transferred to another place for trial.

Sec.115.

The State of Wyoming

Wyoming.

and the Yellowstone National Park

Yellowstone Park included.

shall constitute one judicial district, to bo known as the district of

Vol. 26. p. 225.

Wyoming. Terms

Terms.

of the district court for said district shall be held at Cheyenne on the second Mondays in May and November; at Evanston on the second Tuesday in July; and at Lander on the first Monday in October; and the said court shall hold one session annually at Sheridan, and in said national park, on such dates as the court may order. The marshal and clerk of the said court shall each, respectively, appoint at least one deputy to reside at Evanston, and one to reside at Lander, unless he himself shall reside there, and shall also maintain an office at each of those places: Provided,

Proviso.

That until a public building is provided at Lander, suitable accommodations for holding court in said

Rooms at Lander.

town shall be furnished the Government at an expense not to exceed three hundred dollars annually. The marshal of the United States for the said district may appoint one or more deputy marshals for the Yellowstone National Park, who shall reside in said park.

Chapter 6.

CIRCUIT COURTS OF APPEALS,

Sec. 116.

Circuits.

117. Circuit courts of appeals.

118. Circuit judges.

119. Allotment of justices to the circuits.

120. Chief justice and associate justices of Supreme Court, and district judges, may sit in circuit court of appeals.

1.

Justices

122. Seals, forms of process, and rules.

123. Marshals.

124. Clerks.

125. Deputy clerks; appointment and removal.

126. Terms.

127. Rooms for court, how provided.

128. Jurisdiction; when judgment final.

Sec. 129.

Appeals in proceedings for injunctions and receivers.

130. Appellate and supervisory jurisdiction under the bankrupt act.

1.

Appeals

132. Allowance of appeals, etc.

133. Writs of error and appeals from the supreme courts of Arizona and New Mexico.

134. Writs of error and appeals from district court for Alaska to circuit court of appeals for ninth circuit; court may certify questions to the Supreme Court. '

135. Appeals and Writs of error from Alaska; where heard.

Sec.116.

There shall be nine judicial circuits of the United States,

Circuits constituted.

constituted as follows:

First.

First.

The first circuit shall include the districts of Rhode Island, Massachusetts, New Hampshire, and Maine.

Second.

Second.

The second circuit shall include the districts of Vermont, Connecticut, and New York.

Third.

Third.

The third circuit shall include the districts of Pennsylvania, New Jersey, and Delaware.

Fourth.

Fourth.

The fourth circuit shall include the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

Fifth.

Fifth.

The fifth circuit shall include the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.

Sixth.

Sixth.

The sixth circuit shall include the districts of Ohio, Michigan, Kentucky, and Tennessee.

Seventh.

Seventh.

The seventh circuit shall include the districts of Indiana, Illinois, and Wisconsin.

Eighth.

Eighth.

The eighth circuit shall include the districts of Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, Colorado, Wyoming, North Dakota, South Dakota, Utah, and Oklahoma.

Ninth.

Ninth.

The ninth circuit shall include the districts of California, Oregon, Nevada, Washington, Idaho, Montana, and Hawaii.

Sec.117.

There shall he in each circuit a circuit court of appeals,

Circuit courts of appeals.

which shall consist of three judges, of whom two shall constitute a quorum

Vol. 26, p. 826.

and which shall be a court of record, with appellate jurisdiction, as hereinafter limited and established.

Sec.118.

There shall be in the second, seventh, and eighth circuits,

Circuit Courts authorized.

respectively, four circuit judges, in the fourth circuit, two circuit judges, anil in each of the other circuits, three circuit judges, to be appointed by the President, by and with the advice and consent of the Senate. They shall be entitled to receive a salary at the rate of seven thousand dollars a year,

Salary; residence.

each, payable monthly. Each circuit judge shall reside within his circuit.

Sec.119.

The Chief Justice and associate justices of the Supreme Court shall be allotted

Allotment of justices to circuits.

among the circuits by an order of the court, and a new allotment shall be made whenever it becomes necessary

R. S., secs. 606, 618, pp. 107. 108.

or convenient by reason of the alteration of any circuit, or of the new appointment of a Chief Justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than during

a term, it shall be made by the Chief Justice, and shall be binding until the next term and until a new allotment by- the court. Whenever, by reason of death or resignation, no justice is allotted to a circuit, the Chief Justice may, until a justice is regularly allotted thereto, temporarily assign a justice of another circuit to such circuit.

Sec.120.

The Chief Justice and the associate justices of the Supreme Court

Supreme Court justices and district judges may sit in courts of appeals.

assigned to each circuit, and the several district judges within each circuit, shall be competent

Vol. 26. p. 527.

to sit as judges of the circuit court of appeals within their respective circuits. In case the Chief Justice or an associate justice of the Supreme Court shall attend at any session of the circuit court of appeals, he shall preside

Presiding judge.

. In the absence of such Chief Justice, or associate justice, the circuit judges in attendance upon the court shall preside in the order of the seniority of their respective commissions. In case the full court at any time shall not be made up by the attendance of the Chief Justice or the associate justice, am the circuit judges, one or more district judges within the circuit shall sit in the court according to such order or provision among the district judges as either by general or particular assignment shall be designated by the court: Provided,

Proviso.

That no judge before whom a cause or question may have been tried or heard in a district court,

Disqualification of judge.

or existing circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals.

Sec.121.

The words “circuit justice” and “justice of a circuit,” when used in this title, shall be understood to designate the justice

Designation of terms.

of the Supreme Court who is allotted to any circuit;

R. S., sec. 605, p. 107.

but the word “judge,” when applied generally to any circuit, shall be understood to include such justice.

Sec.122.

Each of said

Seals, forms of process, etc.

circuit courts of appeals shall prescribe the form and style of its seal, and the form of writs

Vol. 26, p. 827.

and other process and procedure as may be conformable to the exercise of its jurisdiction; and shall have power to establish all rules and regulations for the conduct of the business of the court within its jurisdiction as conferred by law.

Sec.123.

The United States marshals

Service by district marshals.

in and for the several districts of said courts shall be the marshals

Vol. 27, p. 222.

of said circuit courts of appeals, and shall exercise the same powers and perform the same duties, under the regulations of the court, as are exercised and performed by the marshal of the Supreme Court of the United States, so far as the same may be applicable.

Sec.124.

Each court shall appoint a

Clerks.

clerk, who shall exercise the same powers and perform the same duties

Vol. 26. p. 826.

in regard to all matters within its jursidiction, as are exercised and performed by the clerk of the Supreme Court, so far as the same may be applicable.

Sec.125.

The clerk of the circuit court of appeals for each circuit may, with the approval of the court, appoint such number of

Deputy clerks.

deputy clerks as the court may deem necessary. Such deputies may be removed

Ante, p. 895.

at the pleasure of the clerk appointing them, with the approval of the court. In case of the death of the clerk his deputy or deputies shall, unless removed by the court, continue in office and perform the duties of the clerk in his name until a clerk is appointed and has qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate and the sureties on his official bond shall be liable, and his executor or administrator shall have such remedy for such defaults or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime.

Sec.126.

A term

Terms.

shall be held annually by the circuit courts of appeals in the

Vol. 26, p. 827.

several judicial circuits at the following places, and at such times as may be fixed by said courts, respectively: Ln the first circuit, in Boston; in the second circuit, in New York; in the third circuit, in Philadelphia; in the fourth circuit, in Richmond; in the

fifth circuit, in New Orleans, Atlanta, Fort Worth, and Montgomery; in the sixth circuit, in Cincinnati; in the seventh circuit, in Chicago; in the eighth circuit, in Saint Louis, Denver or Cheyenne, and Saint Paul; in the ninth circuit, in San Francisco, and each year in two other places in said circuit to be designated by the judges of said court; and in each of the above circuits, terms may be held at such other times and in such other places as said courts, respectively, may from time to time designate: Provided,

Proviso.

That terms

Designated terms.

shall be held in Atlanta on the first Monday in October, in Fort Worth on the first Monday in November, in Montgomery on the third Monday in October, in Denver or in Cheyenne on the first Monday in September, and in Saint Paul on the first Monday in May. All appeals, writs of error, and other appellate

Proceedings in Georgia. Texas, and Alabama.

proceedings which may be taken or prosecuted from the district courts

Vol. 32, pp. 548, 756, 784.

of the United States in the State of Georgia, in the State of Texas, and in the State of Alabama, to the circuit court of appeals for the fifth judicial circuit shall be heard and disposed of, respectively, by said court at the terms held in Atlanta, in Fort Worth, and in Montgomery, except that appeals or writs of error in cases of injunctions and in all other cases which, under the statutes and rules, or in the opinion of the court, are entitled to be brought to a speedy hearing may be heard and disposed of wherever said court may be sitting. All appeals, writs of errors, and other appellate proceedings which may hereafter be taken or prosecuted

Appeals from court at Beaumont. Tex., to New Orleans.

from the district court of the United States at Beaumont, Texas,

Vol. 33, p. 59.

to the circuit court of appeals for the fifth circuit, shall be heard and disposed of by the said circuit court of appeals at the terms of court held at New Orleans: Provided, That nothing herein shall prevent the court from hearing appeals or writs of error wherever the said courts shall sit, in cases of injunctions and in all other cases which, under the statutes and the rules, or in the opinion of the court, are entitled to be brought to a speedy hearing. All appeals, writs of error, and other appellate proceedings

Hearings at Denver and Cheyenne.

which may be taken or prosecuted from the district courts of the United States

Vol. 32. p. 329.

in the States of Colorado, Utah, and Wyoming, and the supreme court of the Territory of New Mexico to the circuit court of appeals for the eighth judicial circuit, shall be heard and disposed of by said court at the terms held either in Denver or in Cheyenne, except that any case arising in any of said States or Territory may, by consent of all the parties, be heard and disposed of at a term of said court other than the one held in Denver or Cheyenne.

Sec.127.

The marshals for the several districts

Court rooms in public buildings.

in which said circuit courts

Vol. 26, p. 829.

of appeals may be held shall, under the direction of the Attorney General, and with his approval, provide such rooms in the public buildings of the United States as may be necessary for the business of said courts, and pay all incidental expenses of said court, including criers, bailiffs, and messengers : Provided,

Proviso.

That incase proper rooms can not be provided in such buildings, then the marshals, with the approval of the Attorney General, may, from time to time, lease

Leases permitted.

such rooms as may be necessary for such courts.

Sec.128.

The circuit courts of appeals shall exercise appellate jurisdiction

Jurisdiction.

to review by appeal or writ of error final decisions

Vol. 26. p. 828.

in the district courts, including the United States district court for Hawaii, in all cases other than those in which appeals and writs of error may be taken direct to the Supreme Court, as provided in

Post. p. 1157.

section two hundred and thirty-eight, unless otherwise provided by law; and, except as provided in sections two hundred and thirty-nine and two hundred and forty, the judgments and decrees of the circuit courts of appeals

Decision final.

shall be final in all cases in which the jurisdiction is dependent

Exceptions.

entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States, or

Post, p. 1157.

citizens of different States; also in all cases arising under the patent

laws, under the copyright laws, under the revenue laws, and under the criminal laws, and in admiralty cases.

Sec.129.

Where upon a hearing in equity

Appeals in proceedings for injunctions or receivers.

in a district court, or by a judge thereof in vacation, an injunction shall be granted, continued, refused, or dissolved by an interlocutory order

Vol. 26, p. 828. Vol. 28, p. 666: Vol. 31, p.660; Vol. 34, p. 116.

or decree, or an application to dissolve an injunction shall be refused, or an interlocutory order or decree shall be made appointing a receiver, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve, an injunction, or appointing a receiver, to the circuit court of appeals, notwithstanding an appeal in such case might, upon final decree under the statutes regulating the same, be taken directly to the Supreme Court: Provided,

Provisos.

That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate

Precedence of appeal.

court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court, or the appellate court, or a judge thereof, during the pendency of such appeal: Provided, however, That the court below may, in its discretion, require

Additional bond.

as a condition of the appeal an additional bond.

Sec.130.

The circuit courts of appeals

Appeals in bankruptcy.

shall have the appellate and supervisory jurisdiction conferred upon them by the Act

Vol. 30, p. 553.

entitled “An Act to establish a uniform system of bankruptcy throughout the United States,” approved July first, eighteen hundred and ninety- eight, and all laws amendatory thereof, and shall exercise the same in the manner therein prescribed.

Sec.131.

The circuit court of appeals

Review of decisions of United States court for China.

for the ninth circuit is empowered to hear and determine writs of error and appeals from the United States court

Vol. 34. p. 814.

for China, as provided in the Act entitled “An Act creating a United States court for China and prescribing the jurisdiction thereof,” approved June thirtieth, nineteen hundred and six.

Sec.132.

Any judge

Powers of judges.

of a circuit court of appeals, in respect of cases brought or to be brought before

Vol. 26, p. 829.

that court, shall have the same powers and duties as to allowances of appeals and writs of error, and the conditions of such allowances, as by law belong to the justices or judges in respect of other courts of thè United States, respectively.

Sec.133.

The circuit courts of appeals,

Appeals, etc., from Arizona and New Mexico supreme courts.

in cases in which their judgments and decrees are made final by this

Vol. 26, p. 830.

title, shall have appellate jurisdiction, by writ of error or appeal, to review the judgments, orders, and decrees of the supreme courts of Arizona and New Mexico, as by this title they may have to review the judgments, orders, and decrees of the district courts; and for that purpose said Territories shall, by orders of the Supreme Court of the United States, to be made from time to time, be assigned to particular circuits.

Sec.134.

In all cases other than those in which a writ of error

Review of decisions of Alaska district court.

or appeal will lie direct to the Supreme Court

Vol. 30, p. 1307.

of the United States as provided in section two hundred and forty-seven, in which the amount involved or the value of the subject-matter

Post, p. 1157.

in controversy shall exceed five hundred dollars, and in all criminal cases, writs of error and appeals shall lie from the district court for Alaska or from any division thereof, to the circuit court of appeals for the ninth circuit, and the judgments, orders, and decrees of said court shall be final in all such cases. But whenever such circuit court of appeals

Certifying questions to Supreme Court.

may desire the instruction of the Supreme Court of the United States upon any question or proposition of law which shall have arisen in any such case, the court may certify such question or proposition to the Supreme Court, and thereupon the Supreme Court shall give its instruction upon the question or proposition certified to it, and its instructions shall be binding upon the circuit court of appeals.

Sec.135.

All appeals,

Appeals at San Francisco, Portland, or Seattle.

and writs of error, and other cases, coming from the district court for the district of Alaska to the circuit court of appeals for the

Vol. 35, p. 585.

ninth circuit, shall be entered upon the docket and heard at San Francisco, California, or at Portland, Oregon, or at Seattle, Washington, as the trial court before whom the case was tried below shall fix and détermine: Provided,

Proviso.

That at any time before the hearing of any appeal, writ of error, or other case, the parties thereto,

Agreement of attorneys.

through their respective attorneys, may stipulate at which of the above-named places the same shall be heard, in which case the case shall be remitted to and entered upon the docket at the place so stipulated and shall be heard there.

THE COURT OF CLAIMS.

Chapter 7.

Court of Claims.

Sec. 136.

Appointment, oath, and salary of judges.

137. Seal.

138. Session; quorum.

139. Officers of the court.

140. Salaries of officers.

1.

Clerk

142. Contingent fund.

143. Reports to Congress; copies for departments, etc.

144. Members of Congress not to practice in the court.

145. Jurisdiction.

1.

Claims

States.

2. Set-offs.

3. Disbursing officers.

146. Judgments for set-off or counterclaims; how enforced.

147. Decree on accounts of disbursing officers.

148. Claims referred by departments.

149. Procedure in cases transmitted by departments.

150. Judgments in cases transmitted by departments; how paid.

151. Either House of Congress may refer certain claims to court.

152. Costs may be allowed prevailing party.

153. Claims growing out of treaties not cognizable therin.

154. Claims pending in other courts.

155. Aliens.

156. All claims to be filed within six years; exceptions.

157. Rules of practice; may punish contempts.

158. Oaths and acknowledgments.

159. Petitions and verification.

Sec. 160.

Petition dismissed, when.

161. Burden

162. Claims for proceeds arising from sales of abandoned property.

163. Commissioners to take testimony.

164. Power to call upon departments for information.

165. When testimony not to be taken.

166. Examination of claimant.

167. Testimony; where taken.

168. Witnesses’ before commissioners.

169. Cross-examinations.

170. Witnesses; how sworn.

171. Fees of commissioners, by whome paid.

172. Claims forfeited for fraud.

173. Claims under act of June 16, 1874.

174. New trial on motion of claimant.

175. New trial on motion of United States.

176. Cost of printing record.

177. No interest on claims.

178. Effect of payment of judgment.

179. Final judgments a bar.

180. Debtors to the United States may have amount due ascertained.

181. Appeals.

182. Appeals in Indian cases.

183. Attorney General's report to Congress.

184. Loyalty a jurisdictional fact in certain cases.

185. Attorney General to appear for the defense.

186. Persons not to be excluded as witnesses on account of color or because of interest; plaintiff may be witness for Government.

187. Reports of court to Congress.

Sec.136.

The Court of Claims, established by the Act of February

Constituted of chief justice and four judges.

twenty-fourth, eighteen hundred and fifty-five, shall be continued. It shall consist or a chief justice and four judges, who shall be appointed by the President,

R. S., sec. 1049, p.194.

by and with the advice and consent of the Senate,and hold their offices during good behavior. Each of them shall take an oath

Oath.

to support the Constitution of the United States, and to discharge faithfully the duties of his office. The chief justice shall be entitled to receive an annual salary

Salaries.

of six thousand five hundred dollars, and each of the other judges an annual salary of six thousand dollars, payable monthly, from the Treasury.

Sec.137.

The Court of Claims shall have a

Seal.

seal, with such device as it may order.

R. S., sec. l050, p. l94.

Sec.138.

The Court of Claims shall hold one annual session

Sessions.

at the city of Washington, beginning on the first Monday in December

R. S., sec. 1951, p. 194.

and continuing as long as may be necessary for the prompt disposition of the busmess of the court. Any three of the judges of said court shall constitute a quorum

Quorum.

and may hold a court for the transaction of business: Provided,

Proviso,

That the concurrence of three judges shall be necessary to the decision

Decisions.

of any case.

Sec.139.

The said court shall appoint a chief clerk,

Officers.

an assistant clerk, if deemed necessary, a bailiff, and a chief messenger. The clerks

R. S., sec. 1051, p. 191.

shall take an oath for the faithful discharge of their duties, and shall be under the direction of the court in the performance thereof; and for misconduct or incapacity they may be removed by it from office; hut the court shall report such removals, with the cause thereof, to Congress, if in session, or if not, at the next session. The bailiff

Bailiff.

shall hold his office for a term of four years, unless sooner removed by the court for cause.

Sec.140.

The salary

Salaries of officers. R.S.,sec. 1054.p. 194.

of the chief clerk shall be three thousand live hundred dollars a year; of the assistant clerk two thousand five hundred dollars a year ; of the bailiff one thousand five hundred dollars a year, and of the chief messenger one thousand dollars a year, payable monthly from the Treasury.

Sec.141.

The chief clerk shall give bond

Bond of chief clerk. R. S., sec. 1055. p. 195.

to the United States in such amount, in such form, and with such security as shall be approved by the Secretary of the Treasury.

Sec.142.

The said clerk shall have authority

Disbursements of contingent fund.

when he has given bond as provided in the preceding section,

R. S., sec. 1056, p. 195.

to disburse, under the direction of the court, the contingent fund which may from time to time be appropriated for its use; and his accounts shall be settled by the proper accounting officers of the Treasury in the same way as the accounts of other disbursing agents of the Government are settled.

Sec.143.

On the first day of every regular session

Statement of judgments to Congress.

of Congress, the clerk of the Court of Claims shall transmit to Congress a full and complete statement of all the judgments rendered by the court

Decisions to Departments, etc.

during the previous year, stating the amounts thereof and the parties in whose favor they were rendered, together with a brief synopsis of the nature of the claims upon which they were rendered. At the end of every term of the court he shall transmit a copy of its decisions to the heads of departments; to the Solicitor, the Comptroller, and the Auditors of the Treasury; to the Commissioner of the General Land Office and of Indian Affairs; to the chiefs of bureaus, and to other officers charged with the adjustment of claims against the United States.

Sec.144.

Whoever, being elected

Punishment for Members of Congress, etc., practicing in.

or appointed a Senator, Member of, or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment, and either before or after he has qualified, and during his continuance in office, practice in the Court of Claims, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States.

Sec.145.

The Court of Claims shall have jurisdiction

Jurisdiction.

to hear and determine the following matters:

Vol. 24. p.505.

First. All claims (except for pensions)

Claims on contracts with United States.

founded upon the Constitution of the United States or any law of Congress, upon any regulation of an Executive Department, upon any contract, express or implied, with the Government of the United States, or for damages,

Damages, not sounding in tort.

liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the

United States were suable: Provided, however,

Proviso.

That nothing in this section shall be construed as giving to the said court jurisdiction

War claims, etc., barred.

to hear and determine claims growing out of the late civil war, and commonly known as “war claims,” or to hear and determine other claims which, prior to March third, eighteen hundred and eightyseven, had been rejected or reported on adversely by any court, department, or commission authorized to hear and determine the same.

Second. All set-offs, counterclaims,

Counter claims, etc., of the Government.

claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court: Providea,

Proviso.

That no suit against the Government of the United States, brought by any officer of the United States to recover fees for services alleged to have been performed

Restriction on suits for official services.

for the United States, shall be allowed under this chapter until an account for said fees shall have been rendered and finally acted upon as required by law, unless the proper accounting officer of the Treasury fails to act finally thereon within six months after the account is received in said office.

Third. The claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer

Losses by disbursing officers.

of the United States, or of his administrators or executors, for relief from responsibility on account of loss by capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible.

Sec.146.

Upon the trial of any cause in which any set-off’, counterclaim,

Determination of counterclaims, etc.

claim for damages, or other demand is set up on the part of the Government against any person making claim

R.S., sec. 1061, p. 196.

against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judgment, filed in the clerk’s office of any district court, snail be entered upon the records thereof,

Enforcement against claimant.

and shall thereby become and be a judgment of such court and be enforced as other judgments in such court are enforced.

Sec.147.

Whenever the Court of Claims ascertains

Decree on accounts of disbursing officers.

the facts of any loss by any paymaster, quartermaster, commissary of subsistence, or other disbursing officer, in the cases hereinbefore provided,

R. S. see. 1062, p. 196.

to have been without fault or negligence on the part of such officer, it shall make a decree sotting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed as a credit in the settlement of his accounts.

Sec.148.

When any claim or matter

Claims referred by departments.

is pending in any of the executive departments which involves controverted

R.S. sec. 1068. p.196. Vol. 22. p.485; Vol. 24, p. 507.

questions of fact or law, the head of such department may transmit the same, with the vouchers, papers, documents and proofs pertaining thereto, to the Court of Claims and the same shall be there proceeded

Findings.

in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall report its findings to the department by which it was transmitted for its guidance and action: Provided, however,

Proviso.

That if it shall have been transmitted with the consent of the claimant, or if it shall appear to the satisfaction

Judgments in certain cases.

of the court upon the facts established, that under existing laws or the provisions of this chapter it has jurisdiction to render judgment or decree thereon, it shall proceed to do so, in the latter case giving to either party such further opportunity for hearing as in its judgment justice shall require, and shall report its findings therein to the

department by which the

Transmittal of matters from departments.

same was referred to said court. The Secretary of the Treasury may, upon the certificate of any auditor, or of the Comptroller of the Treasury, direct any claim or matter, of which, by reason of the subject matter or character, the said court might under existing laws, take jurisdiction on the voluntary action of the claimant, to be transmitted, with all the vouchers, papers, documents and proofs pertaining thereto, to the said court for trial and adjudication.

Sec.149.

All cases transmitted by the

Procedure.

head of any department, or upon the certificate of any auditor, or of the Comptroller of the Treasury, according to the provisions of the preceding

R. S., sec. 1064, p. 197.

section, shall be proceeded in as other cases pending in the Court of Claims, and shall, in all respects, be subject to the same rules and regulations.

Sec.150.

The amount of any final judgment

Payment of judgments.

or decree rendered in favor of the claimant, in any ease transmitted to the Court of Claims under the two preceding

R. S., sec. 1065, p. 197.

sections, shall be paid out of any specific appropriation applicable to the case, if any such there be; and where no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court.

Sec.151.

Whenever any bill, except for a pension,

Claims referred by Congress.

is pending in either 1 louse of Congress providing for the payment of a claim against the United States, legal

Vol. 24, p.507.

or equitable, or for a grant, gift, or bounty to any person, the House in which such bill is pending may, for the investigation and determination of facts,

Ante, p. 837.

refer the same to the Court of Claims, which shall proceed with the same in accordance with such rules as it may adopt and report to such House the facts in the case and the amount,

Report of facts, etc.

where the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim or applying for such grant, gift, or bounty, and any facts bearing upon the question whether the bar of any statute of limitation should be removed or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy, together with such conclusions

Conclusions.

as shall be sufficient to inform Congress of the nature and character of the demand, either as a claim, legal or equitable, or as a gratuity against the United States, and the amount, if any, legally or equitably due from the United States to the claimant: Provided, however,

Proviso.

That if it shall appear to the satisfaction of the court upon the facts established, that under existing laws or the provisions of this chapter, the subject matter of the bill is such that it has jurisdiction to render judgment

Further hearings, etc.

or decree thereon, it shall proceed to do so, giving to either party such further opportunity for hearing as in its judgment justice shall require, and it shall report its proceedings therein to the House of Congress by which the same was referred to said court.

Sec.152.

If the Government of the United States shall put in issue the right of the plaintiff

Allowance of costs.

to recover, the court may, in its discretion, allow costs to the prevailing

Vol. 24, p. 508.

party from the time of joining such issue. Such costs, however, shall include, only what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the court.

Sec.153.

The jurisdiction of the said court shall not extend to any claim

Treaty claims barred.

against the Government not pending therein on December first, eighteen hundred and sixty-two,

R. S., sec.1066, p. 197.

growing out of or dependent on any treaty stipulation entered into with foreign nations or with the Indian tribes.

Sec.154.

No person shall file or prosecute in the

Claims pending in other courts excluded.

Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in respect to which he or any assignee

R. S., sec. 1067. p. 197.

of his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of the United States.

Sec.155.

Aliens who are citizens or subjects

Reciprocal rights to aliens.

of any government which accords to citizens of the United States the right to prosecute claims

R. S., sec. 1068, p.197.

against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction.

Sec.156.

Every claim against the United States

Claims to be filed within six years.

cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement

R. S., sec. 1069, p.197.

thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representa tives, as provided by law, within six years after the claim first accrues: Provided,

Proviso.

That the claims of married women, first accrued during marriage, of persons under the age of twenty-one years, first accrued during minority,

Rights of married women, minors, etc.

and of idiots, lunatics, insane persons, and persons beyond the seas at the tune the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively.

Sec.157.

The said court shall have power to establish rules

Rules of practice.

for its government and for the regulation of

R. S., sec. 1070, p. 198.

practice therein, and it may punish for contempt in the manner prescribed by the common law, may appoint commissioners, and may exercise such powers as are necessary to carry into effect the powers granted to it by law.

Sec.158.

The judges and clerks of said court may administer

Oaths, etc.

oaths and affirmations, take acknowledgments of instruments in writing,

R. S.,sec. 1071, p. 198.

and give certificates of the same.

Sec.159.

The claimant shall in all cases fully set forth in his petition

Petitions.

the claim, the action thereon in Congress or by any of the departments,

Details.

if such action has been had, what persons are owners thereof or interested therein,

R.S.,sec. 1072, p. 198.

when and upon what consideration such persons became so interested; that no assignment or transfer of said claim or of any part thereof or interest therein lias been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets; that the claimant

Allegiance, etc.

and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. The said petition shall be verified

Verification.

by the affidavit of the claimant, his agent or attorney.

Sec.160.

The said allegations as to true allegiance

Dismissal if allegiance, etc., disproven.

and voluntary aiding, abetting, or giving encouragement to rebellion against the Government may be traversed by the Government, and if on the

R. S., see. 1073, p. 198.

trial such issues shall be decided against the claimant, his petition shall be dismissed.

Sec.161.

Whenever it is material in any claim to ascertain

Proof of loyalty required, if material.

whether any person did or did not give any aid or comfort to forces or government of the late

R. S., sec. 1074, p. 198.

Confederate States during the Civil War, the claimant asserting the loyalty of any such person to the United States during such Civil War shall be required to prove affirmatively that such person did, during said Civil War, consistently adhere to the United States and did give no aid or comfort to persons engaged in said Confederate service in said Civil War.

Sec.162.

The Court of Claims shall have jurisdiction to hear and determine the claims of those whose property

Property taken after June 1, 1865.

was taken subsequent

Jurisdiction to determine claims for.

to June the first, eighteen hundred and sixty-five, under the pro-

Vol. 12, p. 820.

visions of the Act of Congress approved March twelfth, eighteen hundred and sixty-three, entitled “An Act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States,” and Acts amendatory thereof where the property so taken was sold and the net proceeds

Return of proceeds.

thereof were placed in the Treasury of the United St ates ; and the Secretary of the Treasury shall return said net proceeds to the owners thereof, on the judgment of said court, and full jurisdiction is given to said court to adjudge said claims, any statutes of limitations to the contrary notwithstanding.

Sec.163.

The Court of Claims shall have power to appoint commissioners

Commissioners to take testimony.

to take testimony to be used in the investigation of claims which come before it, to prescribe the fees which they

R. S., see. 1075, p. 198.

shall receive for their services, and to issue commissions for the taking of such testimony, whether taken at the instance of the claimant or of the United States.

Sec.164.

The said court shall have power to call upon any of the departments for any information

Information, etc., from departments and Congress.

or papers it may deem necessary, and shall have the use of all recorded

R.S.,sec. 1076, p. 198.

and printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. But the head of any department

Discretion of department.

may refuse and omit to comply with any call for information or papere when, in his opinion, such compliance would be injurious to the public interest.

Sec.165.

When it appears to the court in any case that

When testimony is not to be taken.

the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not authorize

R.S.,sec. 1077, p. 198.

the taking of any testimony therein.

Sec.166.

The court may, at the instance of the attorney or solicitor

Examination of claimant.

appearing in behalf of the United States, make an order in any case pending therein, directing any claimant

R.S.,sec. 1080, p. 199.

in such case to appear, upon reasonable notice, before any commissioner of the court and be examined on oath touching any or all matters pertaining to said claim. Such examination

Action on failure to testify, etc.

shall be reduced to writing by the said commissioner, and be returned to and filed in the court, and may, at the

Place for taking testimony.

discretion of the attorney or solicitor of the United States appearing in the case, be read and used as evidence

R. S., sec. 1081, p. 199.

on the trial thereof. And if any claimant, after such order is made and due and reasonable notice thereof is given to him, fails to appear, or refuses to testify or answer fully as to all matters within his knowledge material to the issue, the court may, in its discretion, order that the said cause shall not be brought forward for trial until he shall have fully complied with the order of the court in the premises.

Sec.167.

The testimony in cases pending before the Court of Claims shall be taken

Issue of subpœnas. R. S., sec. 1082, p. 199.

in the county where the witness resides, when the same can be conveniently done.

Sec.168.

The Court of Claims may issue subpœnas to require the attendance of witnesses in order to be examined before any person commissioned to take testimony therein. Such subpœnas shall have the same force as if issued from a district court, and compliance therewith shall be compelled under such rules and orders as the court shall establish.

Sec.169.

In taking testimony to be used in support of any claim, opportunity shall be given to the United States to file

Cross-examinations.

interrogatories, or by attorney to examine witnesses, under such regulations as said court

R.S.., sec. 1083, p. 199.

shall prescribe; and like opportunity shall be afforded the claimant, in cases where testimony is taken on behalf of the United States, under like regulations.

Sec.170.

The commissioner taking testimony to be used

Oaths to witnesses. R. S., sec. 1081, p. 199.

in the Court of Claims shall administer an oath or affirmation to the witnesses brought before him for examination.

Sec.171.

When testimony is taken for the claimant, the fees

Commissioner's fees, R. S., sec. 1085, p. 199.

of the commissioner before whom it is taken, and the cost of the commission and notice, shall be paid by such claimant ; and when it is taken at the instance of the Government, such fees shall be paid out of the contingent fund provided for the Court of Claims, or other appropriation made by Congress for that purpose.

Sec.172.

Any person who corruptly practices

Claims forfeited for fraud.

or attempts to practice any fraud against the United States in the proof, statement, establishment, or allowance of any claim

R. S., sec. 1086, p. 199.

or of any part of any claim against the United States shall, ipso facto, forfeit the same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same.

Sec.173.

No claim

Fourth of July claims.

shall be allowed by the accounting officers under the provisions of the Act of Congress

Not to be allowed if willfully in excess of actual loss.

approved June sixteenth, eighteen hundred and seventy-four,

Vol. 18, p. 75.

or by the Court of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States,

Vol. 20. p. 524.

have claimed more than was justly due in respect of such claim, or presented any false evidence to Congress, or to any department or court, in support thereof.

Sec.174.

When judgment is rendered against any

New trials on request of claimant.

claimant, the court may grant a new trial for any reason which, by the rules of common law or

R.S.,sec. 1087, p. 200.

chancery in suits between individuals, would furnish sufficient ground for granting a new trial.

Sec.175.

The Court of Claims, at any time while any claim

New trial on motion of United States.

is pending before it, or on appeal from it, or within two years next after the final disposition

R. S., sec. 1088, p. 200.

of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law.

Sec.176.

There shall be taxed against the losing party

Printing record taxed against losing party.

in each and every cause pending in the Court of Claims

Vol. 19. p. 344.

the cost of printing the record in such case, which shall be collected, except when the judgment is against the United States, by the clerk of said court and paid into the Treasury of the United States.

Sec.177.

No interest

Interest allowance.

shall be allowed on any claim up to the time of the rendition of judgment

R. S., sec. 1091, p. 200.

thereon by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest.

Sec.178.

The payment

Payment a full discharge.

of the amount due by any judgment of the Court of Claims, and of any interest thereon allowed by law, as provided by law, shall be a full discharge

R. S.,sec. 1092, p. 200.

to the United States of all claim and demand touching any of the matters involved in the controversy.

Sec.179.

Any final judgment

Final judgments a bar.

against the claimant on any claim prosecuted as provided in this chapter shall forever bar

R. S., sec. 1093, p. 200.

any further claim or demand against the United States arising out of the matters involved in the controversy.

Sec.180.

Whenever any person shall present his petition

Petitions for settlement of unadjusted accounts, bonds, etc.

to the Court of Claims alleging that he is or has been indebted to the United States

Vol. 24, p. 505.

as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer or agent or contractor so indebted, or that he or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has

been claimed that an indebtedness to the United States had arisen and exists, and that he or the person he represents has applied to the proper department of the Government requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application, and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said department and to the Attorney General of the United States, proceed to hear the parties

Notice to department.

and to ascertain the amount, if any, due the United States on said account. The Attorney General shall represent the United States at the hearing of said cause. The court may postpone the same from time to time whenever justice shall require. The judgment

Finality of judgment.

of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found due by the court shall discharge such obligation. An action shall accrue

Action on judgment.

to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final judgment of said court; and unless suit shall be brought within said time, such claim and the claim on the original indebtedness shall be forever barred.

Examinations.

The provisions of section one hundred and sixty-six shall apply to cases under this section.

Ante, p. 1140.

Sec.181.

The plaintiff

Appeals.

or the United States, in any suit brought under the provision of the section

Vol. 24. p. 507.

last preceding, shall have the same right of appeal as is conferred under sections two hundred and forty- two and two hundred and forty-three; and such right

Post, p. 1157.

shall be exercised only within the time and in the manner therein prescribed.

Sec.182.

In any case brought in the Court of Claims under any Act of Congress by which that court

Appeals in Indian cases, etc.

is authorized to render a judgment or decree against the United States, or against any Indian tribe or any Indians,

Post, p. 1157.

or against any fund held in trust by the United States for any Indian tribe or for any Indians, the claimant, or the United States, or the tribe of Indians, or other party in interest shall have the same right of appeal as is conferred under sections two hundred and forty-two and two hundred and forty-three; and such right shall be exercised only within the time and in the manner therein prescribed.

Sec.183.

The Attorney General shall report

Report of suits on bonds, etc.

to Congress, at the beginning of each regular session, the suits under section one hundred and eighty,

Vol. 24. p. 507.

in which a final judgment or decree has been rendered, giving the date of each and a statement of the costs taxed in each case.

Sec.184.

In any case of a claim for supplies or stores

Loyalty a jurisdictional fact in eases growing out of Civil War.

taken by or furnished to any part of the military or naval forces of the United States

Vol. 22. p. 485.

for their use during the late Civil War, the petition shall aver that the person who furnished such supplies or stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, on a preliminary inquiry,

Dismissal if not proved.

find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed.

Sec.185.

The Attorney-General,

Duty of Attorney General, etc.

or his assistants under his direction, shall appear for the defense and protection of the interests of the United States

Vol. 22, p. 486.

in all cases which may be transmitted to the Court of Claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or

attempted to be practiced by claimants and other defenses, in like manner as he is required to defend the United States in said court.

Sec.186.

No person shall be excluded

Witnesses not excluded because of color or interest.

as a witness in the Court of Claims on account of color, because he or she is a party to or interested

Vol. 24, p. 506.

in the cause or proceeding; and any plaintiff or party in interest may be examined as a witness on the part of the Government.

Sec.187.

Reports of the Court of Claims to Congress,

Reports to Congress continued until acted upon.

under sections one hundred and forty-eight and one hundred and fifty-one

Vol. 22, p. 486.

, if not finally acted upon during the session at which they are reported,

Ante, pp. 1137. 1138.

shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon.

actual and necessary expenses of one stenographic clerk who may accompany him; and such payments shall be allowed the marshal in the settlement of his accounts with the United States.

Sec.190.

Said court shall have the services of a marshal,

Marshal.

with the same duties and powers, under the regulations of the court,

Ante, p. 105.

as are now provided for the marshal of the Supreme Court of the United States, so far as the same may be applicable. Said services within the District of Columbia

In District of Columbia.

shall be performed by a marshal to be appointed by and to hold office during the pleasure of the court, who shall receive a salary of three thousand dollars per annum. Said services outside of the District of Columbia

Outside the District.

shall be performed by the United States marshals in and for the districts where sessions of said court may be held ; and to this end said marshals shall be the marshals of said court. The marshal of said court, for the District of Columbia, is authorized to purchase, under the direction of the presiding judge, such books, periodicals, and stationery, as may be necessary for the use of said court; and such expenditures shall be allowed and paid by the Secret ary of the Treasury upon claim duly made and approved by said presiding judge.

Sec.191.

The court shall appoint a clerk,

Clerk.

whose office shall be in the city of Washington, District of Columbia,

Office in Washington. D. C.

and who shall perform and exercise the same duties and powers in regard to all matters

Ante, p. 105.

within the jurisdiction of said court as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as the same may be applicable. The salary

Salary, etc.

of the clerk shall be three thousand five hundred dollars per annum, which sum shall be in full payment for all service rendered by such clerk; and all fees of any kind whatever, and all costs shall be by him turned into the United States Treasury. Said clerk shall not be appointed

Restriction on duties.

by the court or any judge thereof as a commissioner, master, receiver, or referee. The costs and fees in the said court shall be fixed and established by said court in a table of fees to be adopted and approved by the Supreme Court of the United States within four months after the organization of said court: Provided,

Proviso.

That the costs and fees

Costs and fees.

so fixed shall not, with respect to any item, exceed the costs and fees charged in the Supreme Court of the United States; and the same shall be expended, accounted for, and paid over to the Treasury of the United States.

Sec.192.

In addition to the clerk, the court may appoint an assistant clerk

Additional clerks, etc.

at a salary of two thousand dollars per annum,

Ante, p. 107.

five stenographic clerks at a salary of one thousand six hundred dollars per annum each, one stenographic reporter at a salary of two thousand five hundred dollars per annum, and a messenger at a salary of eight hundred and forty dollars per annum, all payable in equal monthly installments, and all of whom, including the clerk, shall hold office during the pleasure of and perform such duties as are assigned them by the court. Said reporter

Reporter, duties, etc.

shall prepare and transmit to the Secretary of the Treasury once a week in time for publication in the Treasury Decisions copies of all decisions rendered to that date by said court, and prepare and transmit, under the direction of said court, at least once a year, reports of said decisions rendered

Reports of decisions to be printed, etc.

to that date, constituting a volume, which shall be printed by the Treasury Department in such numbers and distributed or sold in such manner as the Secretary of the Treasury shall direct.

Sec.193.

The marshal of said court for the District of Columbia and the marshals

Rooms in public buildings.

of the several districts in which said Court of Customs Appeals

Ante, p. 106.

may be held shall, under the direction of the Attorney General, and with his approval, provide such rooms in the public buildings of the United States as may be necessary for said court: Provided,

Proviso.

That in case proper rooms can not be provided in such buildings, then the said marshals,

Leases elsewhere.

with the approval of the Attorney

General, may, from time to time, lease such rooms as may be necessary for said court. The bailiffs

Baliffs, etc.

and messengers of said court shall be allowed the same compensation for their respective services as are allowed for similar services in the existing district courts. In no case shall said marshals secure other rooms than those regularly occupied by existing district courts, or other public officers, except where such can not, by reason of actual occupancy or use, be occupied or used by said Court of Customs Appeals.

Sec.194.

The said Court of Custom's Appeals

General powers.

shall be a court of record, with jurisdiction as in this chapter established and limited. It shall prescribe the form

Ante p. 105.

and style of its seal, and the form of its writs and other process and procedure, and exercise such powers conferred by law as may be conformable and necessary to the exercise of its jurisdiction. It shall have power to establish all rules and regulations

Rules and procedure.

for the conduct of the business of the court, and as may be needful for the uniformity of decisions within its jurisdiction as conferred by law. It shall have power to review any decision or matter

Extent of power to review decisions, etc.

within its jurisdiction, and may affirm, modify, or reverse the same and remand the case with such orders as may seem to it proper in the premises, which shall be executed accordingly.

Sec.195.

The Court of Customs Appeals

Exclusive appellate jurisdiction of final decisions by Board oí General Appraisers.

established by this chapter shall exercise exclusive appellate jurisdiction

Ante, p. 106.

to review by appeal, as herein provided, final decisions by a Board of General Appraisers in all cases as to the construction of the law and the facts respecting the classification of merchandise and the rate of duty imposed thereon under such classification, and the fees and charges connected therewith, and all appealable questions as to the jurisdiction of said board, and all appealable questions as to the laws and regulations governing the collection of the customs revenues; and the judgments

Judgments final.

and decrees of said Court of Customs Appeals shall be final in all such cases.

Sec.196.

After the organization

Other courts deprived of appellate jurisdiction.

of said court, no appeal shall be taken or allowed from any

Ante. p. 106.

Board of United States General Appraisers to any other court, and no appellate jurisdiction shall thereafter be exercised or allowed by any other courts in cases decided by said Board of United States General Appraisers; but all appeals allowed by law from such Board of General Appraisers shall be subject to review only in the Court of Customs Appeals hereby established, according to the provisions of this chapter: Provided,

Proviso.

That nothing in this chapter shall be deemed to deprive the Supreme Court of the United States

Cases pending in Supreme Court, etc., excepted.

of jurisdiction to hear and determine all customs cases which have heretofore been certified to said court from the United States circuit courts of appeals on applications for writs of certiorari or otherwise, nor to review by writ of certiorari any customs case heretofore decided or now pending and hereafter decided by any circuit court of appeals, provided application for said writ be made within six months after August fifth, nineteen hundred and nine: Provided further,

Review of decisions in circuit, etc., courts prior to August 5, 1909.

That all customs cases decided by a circuit or district court of the United States or a court of a Territory of the United States prior to said date above mentioned, and which have not been removed from said courts by appeal or writ of error, and all such cases theretofore submitted for decision in said courts and remaining undecided may be reviewed on appeal at the instance of either party by the United States Court of Customs Appeals, provided such appeal be taken within one year from the date of the entry of the order, judgment, or decrees sought to be reviewed.

Sec.197.

Immediately upon the organization

Transfer of pending cases.

of the Court of Customs Appeals, all cases within the jurisdiction of that court pending

Ante, p. 107

and not submitted for decision in any of the United States circuit courts of appeals, United States circuit, territorial or district courts, shall, with the record and samples therein, be certified by said courts to said Court of Customs Appeals for further proceedings in accord-

ance herewith: Provided,

Proviso.

That where orders for the taking of further testimony

Completion of testimony.

before a referee have been made in any of such cases, the taking of such testimony shall be completed before such certification.

Sec.198.

If the importer, owner, consignee, or agent

Appeals from Board of General Appraisers.

of any imported merchandise, or the collector or Secretary of the Treasury, shall be dissatisfied

Ante, p. 107.

with the decision of the Board of General Appraisers as to the construction of the law and the facts respecting the classification of such merchandise and the rate of duty imposed thereon under such classification, or with any other appealable decision of said board, they, or either of them, may, within sixty days

Time limit.

next after the entry of such decree or judgment, and not afterwards, apply to the Court of Customs Appeals for a review of the questions of law and fact involved in such decision: Provided,

Proviso.

That in Alaska

Alaska, etc.

and in the insular and other outside possessions of the United States ninety days shall be allowed for making such application to the Court of Customs Appeals. Such application

Application, etc.

shall be made by filing in the office of the clerk of said court a concise statement of errors of law and fact complained of; and a copy of such statement shall be served on the collector, or on the importer, owner,,consignee, or agent, as the case may be. Thereupon

Record, etc., to be transmitted.

the court shall immediately order the Board of General Appraisers to transmit to said court the record and evidence taken by them, together with the certified statement of the facts involved in the case and their decision thereon; and all the evidence taken by and before said board shall be competent evidence before said Court of Customs Appeals. The decision of said Court of Customs Appeals shall be final,

Finality of decision.

and such cause shall be remanded to said Board of General Appraisers for further proceedings to be taken in pursuance of such determination.

Sec.199.

Calendar.

Immediately upon receipt of any record transmitted to said court for determination the clerk thereof shall place the same upon the calendar for hearing

Hearings.

and submission; and such calendar shall be called and all cases thereupon submitted, except for good cause shown, at least once every sixty days: Provided,

Proviso.

That such calendar need not be called during the months of July and August

July and August.

of any year.

Chapter 9.

Commerce Court.

Chapter 9.

THE COMMERCE COURT.

Sec. 200.

Commerce Court created; judges of, appointment and designation; expense allowance to judges.

1.

Additional

202. Officers of the court; clerk, marshal, etc.; salaries, etc.

203. Court to be always open for business;

• sessions of, to be held in Washington and elsewhere.

1.

Marshals

205. Assignment of judges to other duty; vacancies, how filled.

206. Powers of court and judges; writs, process, procedure, etc.

207. .Jurisdiction of the court.

208. Suits to enjoin, etc., orders of Interstate Commerce Commission to be against United States; restraining orders, when granted without notice.

Sec. 209.

Jurisdiction of the court, how invoked; practice and procedure.

210. Final judgments and decrees reviewable in Supreme Court.

1.

Suits

212. Attorney General to control all cases; Interstate Commerce Commission may appear as of right; parties interested may intervene, etc.

213. Complainants may appear and be made parties to case.

214. Pending eases to be transferred to Commerce Court; exception; status of transferred eases.

Sec.200.

There shall be a court of the United States,

To consist of five circuit judges.

to be known as the Commerce Court, which shall be a court of record,

Ante, p. 510.

and shall have a seal of such form and style as the court may prescribe. The said court shall be composed of five judges, to be from time to time

Designation.

designated and assigned thereto by the Chief, Justice of the United

States, from among the circuit judges of the United States, for the period of five years, except that in the first instance the court shall be composed of the five additional circuit judges referred to in the next succeeding section, who shall be designated by the President to serve for one, two, three, four, and five years, respectively, in order that the period of designation of one of the said judges shall expire in each year thereafter. In case of the death, resignation, or termination of assignment

Filling vacancies.

of any judge so designated, the Chief Justice shall designate a circuit judge to fill the vacancy so caused and to serve during the unexpired period for which the original designation was made. After the year nineteen hundred and fourteen

Subsequent designations.

no circuit judge shall be redesignated to serve in the Commerce Court until the expiration of at least one year after the expiration of the period of his last previous designation. The judge first designated

Presiding judge.

for the five-year period shall be the presiding judge of said court, and thereafter the judge senior in designation shall be the presiding judge. The associate judges shall have precedence

Precedence.

and shall succeed to the place and powers of the presiding judge whenever he may be absent or incapable of acting in the order of the date of their designations. Four of said judges shall constitute a quorum,

Quorum.

and at least a majority of the court shall concur in all decisions. Each of the judges during the period of his service in the Commerce Court shall, on account of the regular sessions of the court being held in the city of Washington, receive in addition to his salary

Additional pay.

as circuit judge an expense allowance at the rate of one thousand five hundred dollars per annum. .

Sec.201.

The five additional circuit judges authorized

Assignment of additional circuit judges.

by the Act to create a Commerce Court, and for other purposes, approved June eighteenth, nineteen hundred

Ante, p. 510.

and ten, shall hold office during good behavior, and from time to time shall be designated and assigned by the Chief Justice of the United States for service in the district court of any district, or the circuit court of appeals for any circuit, or in the Commerce Court, and when so designated and assigned for service in a district court or circuit court of appeals shall have the powers and jurisdiction in this Act conferred upon a circuit judge in his circuit.

Sec.202.

The court shall also have a clerk and a marshal,

Clerk and marshal.

with the same duties and powers, so far as they may be appropriate and are not altered by rule of the court,

Ante, p. 540.

as are now possessed by the clerk and marshal, respectively, of the Supreme Court of the United States. The offices or the clerk and marshal of the court shall be in the

Offices in Washington. D.C.

city of Washington, in the District of Columbia. The judges of the court shall appoint the clerk and marshal, and may also appoint,

Deputies.

if they find it necessary, a deputy clerk and deputy marshal; and such clerk, marshal, deputy clerk, and deputy marshal, shall hold office during the pleasure of the court. The salary of the clerk

Salaries, etc.

shall be four thousand dollars per annum; the salary of the marshal three thousand dollars per annum; the salary of the deputy clerk two thousand five hundred dollars per annum; and the salary of the deputy marshal two thousand five hundred dollars per annum. The said clerk and marshal may, with the approval of the court, employ all requisite assistance. The costs and fees

Costs and fees.

in said court shall be established by the court in a table thereof, approved by the Supreme Court of the United States, within four months after the organization of the court; but such costs and fees shall in no case exceed those charged in the Supreme Court of the United States, and shall be accounted for and paid into the Treasury of the United States.

Sec.203.

The Commerce Court shall always be open

Permanently open.

for the transaction of business.

Ante. p. 54l.

Its regular sessions shall be held in the city of Washington, in the District of Columbia;

Sessions in Washington.

but the powers of the court or of any judge thereof, or of the clerk, marshal, deputy clerk, or deputy marshal, may be exercised anywhere

Elsewhere.

in the United States;

and for expedition of the work of the court and the avoidance of undue expense or inconvenience to suitors the court shall hold sessions in different parts of the United States as may be found desirable. The actual ami necessary expenses

Expenses outside of Washington.

of the judges, clerk, marshal, deputy clerk, and deputy marshal of the court incurred for travel and attendance elsewhere than in the city of Washington shall be paid upon the written and itemized certificate of such judge, clerk, marshal, deputy clerk, or deputy marshal, by the marshal of the court, and shall be allowed to him in the settlement of his accounts with the United States.

Sec.204.

The United States marshals of the several districts outside

Courtrooms outside of Washington.

of the city of Washington in which the Commerce Court may hold its sessions shall provide,

Ante, p. 541.

under the direction and with the approval of the Attorney General, such rooms in the public buildings of the United States as may be necessary for the court’s use; but in case proper rooms can not be provided m such public buildings, said marshals, with the approval of the Attorney General, may then lease from time to time other necessary rooms for the court.

Sec.205.

If, at any time, the business of the

Assignment of judges to other duty.

Commerce Court does not require the services of all the judges,

Ante. p. 541.

the Chief Justice of the United States may, by writing, signed by him and filed in the Department of Justice, terminate the assignment of any of the judges or temporarily assign him for service in any district court or circuit court of appeals. In case of illness or other disability of any judge assigned

Supplying vacancies.

to the Commerce Court the Chief Justice of the United States may assign any other circuit judge of the United States to act in his place, and may terminate such assignment when the exigency therefor shall cease; and any circuit judge so assigned to act in place of such judge shall, during his assignment, exercise all the powers and per- form all the functions of such judge.

Sec.206.

In all cases within its jurisdiction

Powers of court and judges.

the Commerce. Court, and each of the judges

Ante, p. 541.

assigned thereto, shall, respectively, have and may exercise any and all of the powers of a district court of the United States and of the judges of said court, respectively, so far as the same may bo appropriate to the effective exercise of the jurisdiction hereby conferred. The Commerce Court may issue

Issue of process.

all writs and process appropriate to the full exercise of its jurisdiction and powers and may prescribe the form thereof. It may also, from time to time, establish such rules and regulations concerning pleading, practice, or procedure in cases or matters within its jurisdiction as to the court shall seem wise and proper.

Procedure.

Its orders, writs, and process may run, be served, and be returnable anywhere in the United States; and the marshal and deputy marshal of said court and also the United States marshals and deputy marshals in the

Service, etc., of process.

several districts of the United States shall have like powers and be under like duties to act for and in behalf of said court as pertain to United States marshals and deputy marshals generally when acting under like conditions concerning suits or matters in the district courts of the United States.

Sec.207.

The Commerce Court shall have the jurisdiction

Jurisdiction. Ante, p. 539.

possessed by circuit courts of the United States and the judges thereof immediately prior to June eighteenth, nineteen hundred and ten, over all cases of the following kinds:

First. All cases for the enforcement,

To enforce orders of Interstate Commerce Commission.

otherwise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punishment, of any order of the Interstate Commerce Commission other than for the

Except payment of money.

payment of money.

Second. Cases brought to enjoin,

To enjoin, etc., orders of Commission.

set aside, annul, or suspend in whole or in part any order of the Interstate Commerce Commission.

Third. Such cases as by

To prevent unjust discriminations by carriers.

section three of the Act entitled “An Act to further regulate commerce with

Vol. 32, p. 848.

foreign nations and among

the States,” approved February nineteenth, nineteen hundred and three, are authorized to lie maintained in a circuit court of the United States.

Fourth. All such mandamus proceedings

Mandamus proceedings, carriers.

as under the provisions of section twenty or section twenty-three

Vol. 34. p. 593.

of the Act entitled “An Act to regulate commerce,” approved February fourth, eighteen hundred and eighty-seven, as amended, are authorized

Vol. 25, p. 852.

to be maintained in a circuit court of the United States.

Nothing contained in this chapter

Limitation.

shall be construed as enlarging the jurisdiction now possessed by the circuit courts of the United States or the judges thereof, that is hereby transferred to and vested in the Commerce Court.

The jurisdiction of the Commerce Court

Jurisdiction exclusive.

over cases of the foregoing classes shall be exclusive; but this chapter shall not affect the jurisdiction possessed by any circuit or district court of the

Cases not included.

United States over cases or proceedings of a kind not within the above-enumerated classes.

Sec.208.

Suits to enjoin, set aside, annul, or suspend

Suits to enjoin, etc., orders of Commission to be against United States.

any order of the Interstate Commerce Commission shall be brought in the Commerce Court against the United States.

Ante, p. 542.

The pendency of such suit shall not of itself stay or suspend the operation of the order of the Interstate Commerce Commission; but the Commerce Court, in its discretion, may restrain or suspend, in whole or in part, the operation of the commission’s order pending the final hearing and determination of the suit. No order or injunction so restraining or suspending an order of the

Temporary suspension to prevent irreparable damage.

Interstate Commerce Commission shall be made by the Commerce Court otherwise than upon notice and after hearing, except that in cases where irreparable damage would otherwise ensue to the petitioner, said court, or a judge thereof may, on hearing after not less than three days’

Limit.

notice to the Interstate Commerce Commission and the Attorney General, allow a temporary stay or suspension in whole or in part of the operation of the order of the Interstate Commerce Commission for not more than sixty days from the date of the order of such court or judge, pending application to the court for its order or injunction, in which case the said order shall contain a specific finding, based upon evidence submitted to the judge making the order and identified by reference thereto, that such irreparable damage would result to the petitioner and specifying the nature of the damage. The court may, at the time of hearing such application, upon a like finding, continue the temporary stay

Continuance.

or suspension in whole or in part until its decision upon the application.

Sec.209.

The jurisdiction of the Commerce Court shall be invoked by filing in the office of the clerk of the court a written petition

Filing petitions for relief.

setting forth briefly and succinctly the facts constituting the petitioner's cause of action, and

Ante, p. 541.

specifying the relief sought.

Service of copies.

A copy of such petition shall be forthwith served by the marshal or a deputy marshal of the Commerce Court or by the proper United States marshal or deputy marshal upon every defendant therein named, and when the United States is a party defendant, the service shall be made by filing a copy of said petition in the office of the Secretary of the Interstate Commerce Commission and in the Department of Justice.

Answers

Within thirty days after the petition is served, unless that time is extended by order of the court or a judge thereof, an answer to the petition shall be filed in the clerk’s office, and a copy thereof mailed to the petitioner’s attorney, which answer shall briefly and categorically respond to the allegations of the petition. No replication

No replication, etc.

need be filed to the answer, and objections to the sufficiency of the petition or answer as not setting forth a cause of action or defense must be taken at the final hearing or by motion to dismiss the petition based

on said grounds, which motion may be made at any time before answer is filed.

Relief if no answer filed.

In case no answer shall be filed as provided herein the petitioner may apply to the court on notice for such relief as may be proper upon the facts alleged in the petition. The court may, by rule, prescribe the method of taking evidence

Taking evidence.

in cases pending in said court; and may prescribe that the evidence be taken before a single judge of the court, with power to rule upon the admission of evidence. Except as may be otherwise provided in this chapter, or by rule of the court, the practice and procedure in the Commerce Court shall conform as nearly as may be to that in like cases in a district court of the United States.

Sec.210.

A final judgment

Appeals to Supreme Court.

or decree of the Commerce Court may be reviewed by the Supreme Court

Ante, p.542.

of the United States if appeal to the Supreme Court be taken by an aggrieved party within sixty days after the entry of said final judgment or decree. Such appeal may be taken in like manner as appeals from a district court of the United States to the Supreme Court, and the Commerce Court may direct the original record to be transmitted on appeal instead of a transcript thereof. The Supreme Court may affirm, reverse, or modify the final judgment or decree of the Commerce Court as the case may require. Appeal to the Supreme Court, however, shall in no case supersede or stay the judgment

No stay of judgment unless Supreme Court so direct.

or decree of the Commerce Court appealed from, unless the Supreme Court or a justice thereof shall so direct; and appellant shall give bond in such form and of such amount as the Supreme Court, or the justice of that court allowing the stay, may require. An appeal may also be taken to the Supreme Court

Appeals on injunctions.

of the United States from an interlocutory order or decree of the Commerce Court granting or continuing an injunction restraining the enforcement of an order of the Interstate Commerce Commission, provided such appeal be taken within thirty days from the entry of such order or decree. Appeals to the Supreme Court under this section shall have priority

Priority of cases.

in hearing and determination over all other causes except criminal causes in that court.

Sec.211.

All cases and proceedings in the Commerce Court

United States substituted for Commission in all cases.

which but for this chapter would be brought by or against the

Ante, p. 543.

Interstate Commerce Commission, shall be brought by or against the United States, and the United States may intervene in any case or proceeding in the Commerce Court whenever, though it has not been made a party, public interests are involved.

Sec.212.

The Attorney General

Attorney General to control all cases.

shall have charge and control of the interests of the Government

Ante, p. 543.

in all cases and proceedings in the Commerce Court, and in the Supreme Court of the United States upon appeal from the Commerce Court. If in his opinion

Special attorneys, etc., to assist.

the public interest requires it, he may retain and employ in the name of the, United States, within the appropriations from time to time made by the Congress for such purposes, such special attorneys and counselors at law as he may think necessary to assist in the discharge of any of the duties incumbent

Compensation.

upon him and his subordinate attorneys; and the Attorney-General shall stipulate with such special attorneys and counsel the amount of their compensation, which shall not be in excess of the sums appropriated therefor by Congress for such purposes, and shall have supervision of their action: Provided,

Provisos.

That the Interstate Commerce Commission and any party or parties in interest to the proceeding before the commission, in which an order or requirement is made, may appear as parties

Appearance of commission, parties in interest, etc.

thereto of their own motion and as of right, and be represented by their counsel, in any suit wherein is involved the validity of such order or requirement or any part thereof, and the interest of such party; and the court wherein is pending such suit may make all such rules and orders as to such

appearances and representations, the number of counsel, and all matters of procedure, and otherwise, as to subserve the ends of justice and speed the determination

Parties interested may intervene.

of such suits: Provided further,That communities, associations, corporations, firms, and individuals who are interested in the controversy or question before the Interstate Commerce Commission, or in any suit which may be brought by any one under the provisions of this chapter, or the Acts of which it is amendatory or which are amendatory of it, relating to action of the Interstate Commerce Commission, may intervene in said suit or proceedings at any time after the institution thereof;

Rights of intervenors.

and the Attorney General shall not dispose of or discontinue said suit or proceeding over the objection of such party or intervenor aforesaid, but said intervenor or intervenors may prosecute, defend, or continue said suit or proceeding unaffected by the action or non-action of the Attorney General therein.

Sec.213.

Complainants before the Interstate Commerce Commission

Right of complainants to be made parties, etc.

interested in a case shall have the right to appear and be made parties to the case

Ante, p. 544.

and be represented before the courts by counsel, under such regulations as are now permitted in similar circumstances under the rules and practice of equity courts of the United States.

Sec.214.

Until the opening of the Commerce Court,

Disposal of cases prior to opening of court.

all cases and proceedings of which from that time the Commerce Court

Ante, p. 544.

is hereby given exlusive jurisdiction may be brought in the same courts and conducted in like manner and with like effect as is now provided by law; and if any such case or proceeding shall have gone to final judgement or decree before the opening of the Commerce Court, appeal may be taken from such final judgment or decree in like manner and with like effect as is now provided by law. Any such case or proceeding within the juridiction

Pending cases transferred.

of the Commerce Court which may have been begun in any other court as hereby allowed, before the said date, shall be forthwith transferred to the Commerce Court which may have been begun in any other court

Exception.

as hereby allowed, before the said date, shall be forthwith transferred to the Cmmerce Court, if it has not yet proceeded to final judgment or decree in such other court unless it has been finally submitted for the decision of such court, in which case the cause shall proceed in such court to final judgment or decree and further proceeding thereafter, and appeal may be taken direct to the Supreme Courtl and if remanded, such cause may be sent back to the court from which the appeal was taken or to the Commerce Court for further proceeding as the Supreme Court shall direct. All previous proceedings in such transferred case

Status of transferred eases.

shall stand and operate notwithstanding in the transfer, subject to the same control over them by the Commerce Court and to the same right of subsequent action in the case or proceeding as if the transferred case or proceeding had been originally begun in the Commerce Court. The clerk of the court from which any case or proceeding is transferred

Original papers, etc., to be transferred.

to the Commerce Court shall transmit to and file in the Commerce Court the originals of all papers filed in such case or proceeding and a certified transcript of all record entries in the case or proceeding up to the time of transfer.

Chapter 10.

The Supreme Court.

THE SUPREME COURT.

Sec. 215.

Number of justices.

216. Precedents of the associate justices.

217. Vacancy in the office of Chief Justice.

218. Salaries of justices.

219. Clerk, marshal, and reporter.

220. The clerk to give bond.

1.

Deputies

222. Records of the old court of appeals.

223. Tables of fees.

1.

Marshal

225. Duties of the reporter.

226. Reporter's salary and allowances.

227. Distribution of reports and digests.

228. Additional reports and digests; limitation upon cost; estimates to be submitted to Congress annually.

229. Distribution of Federal Reporter, etc., and Digests.

230. Terms.

1.

Adjournment

232. Certain orders made by less than quorum.

233. Original disposition.

234. Writs of prohibition and mandamus.

235. Issues of fact.

236. Appellate jurisdiction.

237. Writs of error from judgments and decrees of State courts.

238. Appeals and writs of error from United States district courts.

239. Circuit court of appeals may certify questions to Supreme Court for instructions.

Sec. 240.

Certiorari to circuit court of appeals.

1.

Appeals

242. Appeals from Court of Claims.

243. Time and manner of appeals from the Court of Claims.

244. Writs of error and appeals from supreme court of and United States district court for Porto Rico.

245. Writs of error and appeals from the Supreme Courts of Arizona and Mew Mexico.

246. Writs of error and appeals from the Supreme Court of Hawaii.

247. Appeals and writs of error from the district court for Alaska direct to Supreme Court in certain cases.

248. Appeals and writs of error from the Supreme Court of the Philippine Islands.

249. Appeals and writs of error when a ■ Territory becomes a State.

250. Appeals and writs of error from the Court of Appeals of the District of Columbia.

1.

Certiorari

252. Appellate jurisdiction under the bankruptcy act.

253. Precedence of writs of error to State courts.

254. Cost of printing records.

255. Women may be admitted to practice.

Sec.215.

Composition.

The Supreme Court of the United States shall consist

R. S., sec. 673. p.125.

of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a

Quorum.

quorum.

Sec.216.

The associate justices shall have precedence

Precedence.

according to the dates of their commissions, or, when the commissions of two or more of them bear the same date, according to their ages.

R. S., sec. 674, p.125.

Sec.217.

In case of a vacancy

Vacancy in office of Chief Justice.

in the office of Chief Justice, or of his inability to perform the duties and powers of his office, they shall devolve upon the associate justice

R. S., sec. 675, p. 125.

who is first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every associate justice who succeeds to the office of Chief Justice.

Sec.218.

Salaries.

The Chief Justice of the Supreme Court of the United States shall receive the sum of fifteen thousand dollars a year,

Vol. 32, p. 825.

and the justices thereof shall receive the sum of fourteen thousand five hundred dollars a year each, to be paid monthly.

Sec.219.

The Supreme Court shall have power to appoint

Officers.

a clerk and a marshal

R. S., sec. 677. p. 125.

for said court, and a reporter of its decisions.

Sec.220.

The clerk

Clerk.

of the Supreme Court shall, before he entera upon the execution of his office, give bond,

Bond.

with sufficient sureties, to be approved by the court, to the United States, in the sum of not less than five thousand and not more than twenty thousand dollars, to be determined and regulated

Vol. 18. p. 333.

by the Attorney General, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court. The Supreme Court may at any time, upon the motion of the Attorney General, to be made upon thirty days' notice, require a new bond,

New bond.

or a bond for an

increased amount within the limits above prescribed ; and the failure of the clerk to execute the same shall vacate his office. All bonds given by the clerk shall, after approval, be recorded in his office, and copies thereof from the records, certified by the clerk under seal of the court, shall be competent evidence in any court. The original bonds shall be filed in the Department of Justice.

Sec.221.

One or more deputies

Deputy clerks.

of the clerk of the Supreme Court may be appointed

Appointment and tenure.

by the court on the application of the clerk, and may be removed at the pleasure

R. S., sec. 678, p. 126.

of the court. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk, and his estate, and the sureties on his official bond shall be liable; and his executor or administrator shall have such remedy for any such defaults or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime.

Sec.222.

The records and proceedings

Records of old court of appeals.

of the court of appeals, appointed previous

R. S., sec. 679. p. 125.

to the adoption of the present Constitution, shall be kept in the office of the clerk of the Supreme Court, who shall give copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court ; and such copies shall have like faith and credit with all other proceedings of said court.

Sec.223.

The Supreme Court is authorized and empowered to prepare the tables of fees

Fees.

to be charged by the clerk thereof.

Sec.224.

The marshal

Marshal.

is entitled to receive a salary at the rate of four thousand five hundred dollars a year. He shall attend

Salary and duties.

the court at its sessions; shall serve and execute all process

R. S., sec. 680, p. 126.

and orders issuing from it, or made by the Chief Justice or an associate justice in pursuance of law; and shall take charge of all property of the United States used by the court or its members. With the approval of the Chief Justice he may appoint assistants

Assistants, etc.

and messengers to attend the court, with the compensation allowed to officers of the House of Representatives of similar grade.

Sec.225.

The reporter

Reporter.

shall cause the decisions of the Supreme Court to be printed and published within eight months

Duties.

after they are inaile; and within the same time he shall deliver three hundred

R. S., sec. 681, p. 125.

copies of the volumes of said reports to the Attorney General. The reporter shall, in any year when he is so directed by the court, cause to be printed and published a second volume of said decisions, of which he shall deliver a like number of copies in like manner and time.

Sec.226.

The reporter shall be entitled to receive from the Treasury an annual salary

Salary.

of four thousand five hundred dollars when his report of said decisions constitutes one volume,

Vol. 22, p. 254.

and an additional sum of one thousand two hundred dollars when, by direction of the court, he causes to be printed and published in any year a second

Additional.

volume; and said reporter shall be annually entitled to clerk hire in the sum of one thousand two hundred dollars, and to office rent, stationery, and contingent expenses in the sum of six hundred dollars: Provided,

Proviso.

That the volumes of the decisions of the court heretofore published shall be furnished by the reporter to the public at a sum not exceeding two dollars per volume,

Price a volume for reports of decisions.

and those hereafter published at a sum not exceeding one dollar and seventy-five cents per volume; and the number of volumes now required to be delivered to the Attorney General shall be furnished by the reporter without any charge therefor. Said salary and compensation

Conditions.

, respectively, shall be paid only when he causes such decisions to be printed,

published, and delivered within the time and in the manner prescribed by law, and upon the condition that the volumes of said reports shall be sold by him to the public for a price not exceeding one dollar and seventy-five cents a volume.

Sec.227.

The Attorney General shall distribute

Distribution by Attorney General.

copies of the Supreme Court reports,

Supreme Court reports.

as follows: To the President, the justices of the Supreme Court, the judges of the Commerce Court, the judges of the Court of Customs Appeals, the judges of the circuit courts of appeals,

R. S., see. 683, p. 126.

the judges of the district courts, the judges of the Court of aims, the judges of the Court of Appeals and of the Supreme Court of the District of Columbia, the judges of the several Territorial courts, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Postmaster General, the Attorney General, the Secretary of Agriculture, the Secretary of Commerce and Labor, the Solicitor General, the Assistant to the Attorney General, each Assistant Attorney General, each United States district attorney, each Assistant Secretary of each Executive Department, the Assistant Postmasters General, the Secretary of the Senate for the use of the Senate, the Clerk of the House of Representatives for the use of the House of Representatives, the Governors of the Territories, the Solicitor for the Department of State, the Treasurer of the United States, the Solicitor of the Treasury, the Register of the Treasury, the Comptroller of the Treasury, the Comptroller of the Currency, the Com- missioner of Internal Revenue, the Director of the Mint, each of the six Auditors in the Treasury Department, the Judge Advocate General, War Department, the Paymaster General, War Department, the Judge Advocate General, Navy Department, the Commissioner of Indian Affaira, the Commissioner of Pensions, the Commissioner of the General Land Office, the Commissioner of Patents, the Commissioner of Education, the Commissioner of Labor, the Commissioner of Navigation, the Commissioner of Corporations, the Commissioner General of Immigration, the Chief of the Bureau of Manufactures, the Director of the Geological Survey, the Director of the Census, the Forester, Department of Agriculture, the Purchasing Agent, Post Office Department, the Interstate Commerce Commission, the Clerk of the Supreme Court of the United States, the Marshal of the Supreme Court of the United States, the Attorney for the District of Columbia, the Naval Academy at Annapolis, the Military Academy at West Point, and the heads of such other executive offices as may be provided by law, of equal grade with any of said offices, each one copy; to the Law Library of the Supreme Court, twenty-five copies; to the Law Library of the Department of the Interior, two copies; to the Law Library of the Department of Justice, two copies; to the Secretary of the Senate for the use of the committees of the Senate, twenty-five copies; to the Clerk of the House of Representatives for the use of the committees of the House, thirty copies; to the Marshal of the Supreme Court of the United States, as custodian of the public property used by the court, for the use of the justices thereof in the conference room, robing room, and court room, three copies; to the Secretary of War for the use of the proper courts anil officers of the Philippine Islands and for the headquarters of military departments in the United States, twelve copies; and to each of the places where district courts of the United States are now holden, including Hawaii, and Porto Rico, one copy. He shall also distribute one complete set of said reports, and one set of the digests thereof, to such executive officers

Additional sets of reports and digests.

as are entitled to receive said reports under this section and have not already received them, to each United States judge and to each United States district attorney who has not received a set, to each of the places where district courts are now held to which said

reports have not been distributed, and to each of the places at which a district court may hereafter he held, the edition of said reports and digests to be selected by the judge or officer receiving them. No distribution

Restriction.

of reports and digests under this section

Vol. 32, p. 630.

shall be made to any place where the court is held in a building not owned by the United States, unless there be at such place a United States officer to whose responsible custody they can be committed. The clerks of said courts (except the Supreme Court) shall in all cases keep said reports and digest for the use of the courts and of the officers thereof. Such reports and digest shall remain the property of the United States, and shall be preserved by the officers above named and by them turned over to their successors in office.

Sec.228.

The publishers of the decisions of the Supreme Court

Additional copies maximum price.

shall deliver to the Attorney General, in addition to the three hundred copies delivered by the Reporter, such number of copies of each report

Vol. 32, p. 631.

heretofore published, as the Attorney General may require, for which he shall pay not more than two dollars per volume, and such number of copies of each report hereafter published as he may require, for which he shall pay not more than one dollar and seventy-five cents per volume. The Attorney General shall include in his annual estimates submitted

Estimate for cost of reports and digests.

to Congress, an estimate for the current volumes of such reports, and also for the additional sets of reports and digests required for distribution under the section last preceding.

Sec.229.

The Attorney General is authorized to procure complete sets of the Federal Reporter

Federal Reporter, etc., and digests.

or, in his discretion, other publication containing the decisions

Purchase and distribution.

of the circuit courts of appeals, circuit courts, and district courts, and digests thereof, and also future volumes of the same as issued, and distribute a copy of each such reports and digests to each place where a circuit Court of appeals, or a district court, is now or may hereafter regularly be held, and to the Supreme Court of the United States, the Court of Claims, the court of Customs Appeals, the Commerce Court, the Court of Appeals and the Supreme Court of the District of Columbia, the Attorney General, the Solicitor General, the Solicitor of the Treasury, the Assistant Attorney General for the Department of the Interior, the Commissioner of Patents, and the Interstate Commerce Commission; and to the Secretary of the Senate, for the use of the Senate, and to the Clerk of the House of Representatives, for the use of the House of Representatives, not more than three sets each. Whenever any such court room, office, or officer shall have a partial or complete set

Completion of sets.

of any such reports, or digests, already purchased or owned by the United States, the Attorney General shall distribute to such court room, office, or officer, only sufficient volumes to make a complete set thereof. No distribution of reports or digests

Condition.

under this section shall be made to any place where the court is held in a building not owned by the United States, unless there be at such place a United States officer to whose responsible custody they can be committed. The clerks of the courts

Preservation.

(except the Supreme Court) to which the reports and digests are distributed under this section, shall keep such reports and digests for the use of the courts and the officers thereof. All reports and digests distributed under the provisions of this section shall be and remain the property of the United States and, before distribution, shall be plainly marked on their covers with the words “The Property of the United States,” and shall be transmitted by the officers receiving them to their successors in office. Not to exceed two dollars per volume

Price for volumes.

shall be paid for the back and current volumes of the Federal Reporter or other publication purchased under the provisions of this section, and not to exceed five dollars per volume for the digest, the said money to be disbursed under the direction of the Attorney General; and the Attorney General shall include in his annual estimates

Estimate for back and current numbers.

submitted to Congress, an estimate for the

back and current volumes of such reports and digests, the distribution of which is provided for in this section.

Sec.230.

The Supreme Court shall hold at the seat of government, one term

Terms.

annually, commencing on the second Monday in October,

R. S., sec. 684, p. 126.

and such adjourned or special terms as it may find necessary for the dispatch of business.

Sec.231.

If, at any session of the Supreme Court, a

Adjournment for lack of quorum.

quorum does not attend on the day appointed for holding it,

R. S.,sec. 685, p. 126.

the justices who do attend may adjourn the court from day to day for twenty days after said appointed time, unless there be sooner a quorum. If a quorum does not attend within said twenty days, the business of the court shall be continued over till the next appointed session; and if, during a term, after a quorum has assembled, less than that number attend on any day, the justices attending may adjourn the court from day to day until there is a quorum, or may adjourn without day.

Sec.232.

The justices attending at any term, when less than a quorum

Orders, etc., by less than a quorum.

is present, may, within the twenty days mentioned in the preceding

R. S., sec. 686, p. 127.

section, make all necessary orders touching any suit, proceeding, or process, depending in or returned to the court, preparatory to the hearing, trial, or decision thereof.

Sec.233.

The Supreme Court shall have exclusive jurisdiction

Original jurisdiction.

of all controversies of a civil nature

R. S., sec. 687, p. 127.

where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens, in which latter cases it shall have original, but not exclusive, jurisdiction. And it shall have exclusively all such jurisdiction of suits or proceedings against ambassadors

Suits against ambassadors, etc.

or other public ministers, or their domestics or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive, jurisdiction, of all suits brought by ambassadors, or other public ministers, or in which a consul or vice consul is a party.

Sec.234.

The Supreme Court shall have power to issue writs of prohibition

Writs of prohibition and mandamus.

to the district courts, when proceeding as courts

R. S., sec. 688, p. 127.

of admiralty and maritime jurisdiction; and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office Under the authority of the United States, where a State, or an ambassador, or other public minister, or a consul, or vice consul is a party.

Sec.235.

The trial of issues of fact

Issues of fact.

in the Supreme Court, in all actions at law against citizens

R.S., sec. 689, p. 128.

of the United States, shall be by jury.

Sec.236.

The Supreme Court shall have appellate jurisdiction

Appellate jurisdiction.

in the cases hereinafter

R. S., sec. 690. p. 128.

specially provided for.

Sec.237.

A final judgment or decree in any suit

Writs of error from State courts.

in the highest court of a State in which a decision

R. S., sec. 709. p. 183.

in the suit could be had, where is drawn in question the validity of a treaty or statute of, or au authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity; or where any title, right, privilege, or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or immunity especially set up or claimed, by either party, under such Constitution, treaty, statute, commission, or authority, may be reexamined and reversed or affirmed in the Supreme Court upon a writ of error

Effect of writs.

. The writ shall have the same effect as if the judgment or decree complained of had been rendered or passed in a court of the Uniteti States.

Decision.

The Supreme Court may reverse,

modify, or affirm the judgment or decree of such State court, and may, at their discretion, award execution or remand the same to the court from which it was removed by the writ.

Sec.238.

Appeals and writs of error

Appeals and writs of error direct from district courts

may be taken from the district courts, including the United States district court for Hawaii, direct to the Supreme Court in the following cases:

Vol. 26, p. 827; Vol. 29, p. 492; Vol. 85, p. 839.

In any case in which the jurisdiction of the court is in issue, in which case the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision; from the final sentences and decrees in prize causes ; in any case that involves the construction or application of the Constitution of the United States; in any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority is drawn in question; and in any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States.

Sec.239.

In any case within its appellate jurisdiction,

Cases submitted for instructions from circuit court of appeals.

as defined in section one hundred and twenty-eight,

Vol. 26, p. 828.

the circuit court of appeals at any time may certify to the Supreme Court of the United States any questions or propositions of law concerning

Ante, p. 1133.

which it desires the instruction of that court for its proper decision; and thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit court of appeals in such case, or it may require that the whole record and cause be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal.

Sec.240.

In any case, civil or criminal, in which the judgment or decree of the circuit court of appeals

Certiorari to circuit court of appeals.

is made final by the provisions of this Title, it shall lie competent for the Supreme Court

Vol. 26, p. 828.

to require, by certiorari or otherwise, upon the petition of any party thereto, any such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court.

Sec.241.

In any case in which the judgment or decree

Writs of error and appeals from circuit court of appeals.

of the circuit court of appeals is not made final by the provisions

Vol. 26, p. 828.

of this Title, there shall be of right an appeal or writ of error to the Supreme Court of the United States where the matter in controversy shall exceed one thousand dollars, besides costs.

Sec.242.

An appeal

Appeals from Court of Claims.

to the Supreme Court shall be allowed on behalf of the United States,

R. S., sec. 707, p. 132.

from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of said court

Ante, p. 1141.

as provided in section one hundred and seventy-two.

Sec.243.

All appeals from the Court of Claims

Time and manner of appeals from Court of Claims.

shall be taken within ninety days after the judgment is rendered,

R. S., sec. 708, p. 132.

and shall be allowed under such regulations as the Supreme Court may direct.

Sec.244.

Writs of error and appeals

Writs of error and appeals from Porto Rican courts.

from the final judgments and decrees of the supreme court of,

Vol. 31, p. 85.

and the United States district court for, Porto Rico, may be taken and prosecuted to the Supreme Court of the United States, in any case wherein is involved the validity of any copyright, or in which is drawn in question the validity of a treaty or statute of, or authority exercised under, the United States, or wherein the Constitution of the United States, or a treaty thereof, or an Act of Congress is brought in question and the right claimed thereunder is denied, without regard to the sum or value of the matter in dispute; and in all other cases in which the sum or value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum or

value of five thousand dollars. Such writs of error and appeals shall bo taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken to the Supreme Court of the United States from the district courts.

Sec.245.

Writs of error and appeals

Writs of error and appeals from Arizona and New Mexico supreme courts.

from the final judgments and decrees of the supreme courts of the Territories of Arizona and New Mexico

Vol. 23, p. 443.

may be taken and prosecuted to the Supreme Court of the United States in any case wherein is involved the validity of any copyright, or in which is drawn in question the validity of a treaty or statute of, or authority exercised under, the United States, without regard to the sum or value of the matter in dispute; and in all other cases in which the sum or value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum or value of five thousand dollars.

Sec.246.

Writs of error and appeals from the final judgments and decrees of the supreme court of the Territory of Hawaii

Writs of error and appeals from Hawaii supreme court.

may be taken and prosecuted to the Supreme Court of the United States, within the same time,

Vol. 31, p. 158.

in the same manner, under the same regulations, and in the same classes of cases, in which writs of error and appeals from the final judgments and decrees of the highest court of a State in which a decision in the suit could be had, may be taken and prosecuted to the

Ante, p. 1156.

Supreme Court of the United States under the provisions of section two hundred and thirty-seven; and also in all cases wherein the amount involved, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum or value or five thousand dollars.

Sec.247.

Appeals and writs of error

Appeals and writs of error, direct from Alaska district court.

may be taken and prosecuted from final judgments and decrees of the district court for the district of Alaska

Vol. 31, p. 414.

or for any division thereof, direct to the Supreme Court of the United States, in the following cases: In prize cases; and in all cases which involve the construction or application of the Constitution of the United States, or in which the constitutionality of any law of the United States or the validity or construction of any treaty made under its authority is drawn in question, or in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. Such writs of error and appeal shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken from the district courts to the Supreme Court.

Sec.248.

The Supreme Court of the United States

Review, etc., decisions of supreme court of Philippine Islands.

shall have jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees

Vol. 32, p. 695.

of the supreme court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby, in which the Constitution, or any statute, treaty, title, right, or privilege of the United States is involved, or in causes in which the value in controversy

Amount in controversy.

exceeds twenty-five thousand dollars, or in which the title or possession of real estate exceeding in value the sum of twenty-five thousand dollars, to be ascertained by the oath of either party or of other competent witnesses, is involved or brought in question; and such final judgments or decrees may and can be reviewed, revised, reversed, modified, or affirmed by said Supremo Court on appeal or writ of error by the party aggrieved, within the same time, in the same manner, under the same regulations, and by the same procedure, as far as applicable, as the final judgments and decrees of the district courts of the United States.

Sec.249.

In all cases where the judgment or decree of any court of a Territory might be reviewed by the Supreme Court

Writs of error and Appeals when Territory becomes a State.

on writ of error or appeal, such writ of error or appeal may be taken, within the time and m the manner provided by law, notwithstanding such

Territory has, after such judgment or decree, been admitted as a State; and the Supreme Court shall direct the mandate to such court as the nature of the writ of error or appeal requires.

Sec.250.

Any final judgment or decree of the court of appeals

Court of appeals.

of the District of Columbia

District of Columbia. Cases reviewable. Vol. 27, p. 436.

may be reexamined and affirmed, reversed, or modified by the Supreme Court of the United States, upon writ of error or appeal, in the following cases:

First. In cases in which the jurisdiction

Jurisdiction of trial court in issue.

of the trial court is in issue; but when any such case is not otherwise reviewable in said Supreme Court, then the question of jurisdiction alone shall be certified to said Supreme Court for decision.

Second. In prize cases.

Prize cases.

Third. In cases involving the construction or application of the Constitution of the United States, or the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority.

Questions involving Constitution, laws, or treaty.

Fourth. In cases in which the constitution, or any law of a State, is claimed to be in contravention of the Constitution of the United States.

State laws contra vening Constitution.

Fifth. In cases in which the validity of any authority exercised under the United States, or the existence or scope of any power or duty of an officer of the United States is drawn in question.

Question of Federal authority.

Sixth. In cases in which the construction of any law of the United States is drawn hi question by the defendant.

Construction of Federal law.

Except as provided in the next succeeding section, the judgments and decrees of said court of appeals shall be final in all cases

Cases final in court of appeals.

arising under the patent laws, the copyright laws, the revenue laws, the criminal laws, and in admiralty cases; and, except as provided in the next succeeding section, the judgments and decrees of said court of appeals shall be final in all cases not reviewable as hereinbefore provided.

Writs of error and appeals shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals

Manner of taking appeals, etc.

are taken from the circuit courts of appeals to the Supreme Court of the United States.

Sec.251.

In any case in which the judgment or decree of said court of appeals is made final

Certiorari to court of appeals, of cases made final, for review.

by the section last preceding, it shall be competent for the Supreme Court of the United States to require, by certiorari or otherwise, any such case to be certified to it for its review and determination, with the same power and authority in the case as if it had been carried by writ of error or appeal to said Supreme Court. It shall also be competent for said court of appeals, in any case in which its judgment or decree

Instructions.

is made final under the section last preceding, at any time to certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for their proper decision; and thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon said court of appeals in such case, or it may require that the whole record and cause be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal.

Sec.252.

The Supreme Court of the United States is hereby invested with appellate jurisdiction of controversies arising in bankruptcy

Claims in bankruptcy.

proceedings, from the courts of bankruptcy, from which it has appellate jurisdiction in other cases; and shall exercise a like jurisdiction

Vol. 30, p.553.

from courts of bankruptcy not within any organized circuit of the United States and from the supreme court of the District of Columbia.

An appeal may be taken to the Supreme Court of the United States from any final decision of a court of appeals allowing

Appeals from court of appeals.

or rejecting a claim under the laws relating to bankruptcy, under such rules and within such time as may be prescribed by said Supreme Court, in the following cases and no other:

First. Where the amount in controversy

Amount in controversy, etc.

exceeds the sum of two thousand dollars, and the question involved is one which might have been taken on appeal or writ of error from the highest court of a State to the Supreme Court of the United States; or

Second. Where some justice of the Supreme Court shall certify

Affecting construction of bankruptcy laws.

that in his opinion the determination of the question involved in the allowance or rejection of such claim is essential to a uniform construction of the laws relating to bankruptcy throughout the United States.

Controversies may be certified to the Supreme Court of the United States

Cases certified from other courts.

from other courts of the United States, and the former court may exercise jurisdiction thereof, and may issue writs of certiorari pursuant to the provisions of the United States laws now in force or such as may be hereafter enacted.

Sec.253.

Cases on writ of error to revise the judgment

Precedence of criminal cases from a State court.

of a State court in any criminal case shall have precedence

R. S., sec. 710, p. 134.

on the docket of the Supreme Court, of all cases to which the Government of the United States is not a party, excepting only such cases as the court, in its discretion, may decide to be of public importance.

Sec.254.

There shall be taxed against the losing party

Printing cost.

in each and every cause pending in the Supreme Court the cost of printing

Vol. 19, p. 344.

the record in such case, except when the judgment is against the United States. -

Sec.255.

Any woman who shall have been a member

Admission of women to practice.

of the bar of the highest court of any State or Territory, or of the court of appeals

Vol. 20, p. 292.

of the District of Columbia, for the space of three years, and shall have maintained a good standing before such court, and who shall be a person of good moral character, shall, on motion, and the production of such record, be admitted to practice before the Supreme Court of the United States.

Chapter 11.

257. Oath of United States judges.

258. Judges prohibited from practicing law.

259. Traveling expenses, etc., of circuit justices and circuit and district judges.

260. Salary of judges after resignation.

1.

Writs

262. Power to issue writs.

263. Temporary restraining orders.

264. Injunctions; in what cases judge may grant.

265. Injunctions to stay proceedings in State courts.

266. Injunctions based upon alleged unconstitutionality of State statutes; when and by whom may be granted.

Sec. 267.

When suits in equity may be maintained.

268. Power to administer oaths and punish contempts.

269. New trials.

270. Power to hold to security for the peace and good behavior.

1.

Power

272. Parties may manage their causes personally or by counsel.

273. Certain officers forbidden to act as attorneys.

274. Penalty for violating preceding section.

Sec.256.

The jurisdiction

Exclusive jurisdiction of United States courts.

vested in the courts of the United States in the cases and proceedings hereinafter mentioned,

R. S., sec. 711, p. 134.

shall be exclusive of the courts of the several States:

First. Of all crimes and offenses cognizable under the authority of the United States.

Second. Of all suits for penalties and forfeitures incurred under the laws of the United States.

Third. Of all civil causes of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it.

Fourth. Of all seizures under the laws of the United States, on land or on waters not within admiralty and maritime jurisdiction; of all prizes brought into the United States; and of all proceedings for the condemnation of property taken as prize.

Fifth. Of all cases arising under the patent-right, or copyright laws of the United States.

Sixth. Of all matters and proceedings in bankruptcy.

Seventh. Of all controversies of a civil nature, where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens.

Eighth. Of all suits and proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice-consuls.

Sec.257.

The justices of the Supreme Court,

Form of judicial oath.

the circuit judges, and the district judges, hereafter appointed, shall take the following oath before

R. S., sec. 712, p. 185.

they proceed to perform the duties of their respective offices: “I,------------------------------- , do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as------------------------- according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States: So help me God.”

Sec.258.

It shall not be lawful for any judge appointed

Judges prohibited to practice law.

under the authority of the United States to exercise the profession or employment of counsel or attorney, or to be engaged in the practice

R. S., sec. 713, p. 135.

of the law. Any person offending against the prohibition of this section shall be deemed guilty of a high misdemeanor.

Sec.259.

The circuit justices, the circuit and district judges

Expense allowance to judges away from official residence.

of the United States, and the judges of the district courts of the United States in Alaska, Hawaii, and Porto Rico, shall each be allowed and paid his necessary expenses of travel, and his reasonable expenses (not to exceed ten dollars per day) actually incurred for maintenance, consequent upon his attending court or transacting other official business in pursuance of law at any place other than his official place of residence, said expenses to be paid by the marshal of the district in which such court is held or official business transacted, upon the written certificate of the justice or judge. The official place of residence

Official residences.

of each justice and of each circuit judge while assigned to the Commerce Court shall be at Washington; and the official place of residence of each circuit and district judge, and of each judge of the district courts of the United States in Alaska, Hawaii, and Porto Rico, shall be at that place nearest his actual residence at which either a circuit court of appeals or a district court is regularly held. Every such judge shall, upon his appointment, and from time to time thereafter whenever he may change his official residence, in writing notify the Department of Justice of his official place of residence.

Sec.260.

When any judge of any court of the United States appointed

Retired judges. Vol. 35, p. 619.

to hold his office during good behavior resigns his office, after having held a commission or commissions as judge of any such court or courts at least ten years continuously, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable at the time of his retirement for the office that he held at the time of his resignation.

Sec.261.

Writs of ne exeat

Writs of ne exeat. R. S., sec. 717, p. 136. Restriction.

may be granted by any justice of the Supreme Court, in cases where they might be granted by the Supreme Court; and by any district judge, in cases where they might be granted by the district court of which he is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States.

Sec.262.

The Supreme Court and the district courts shall have power to issue writs

Power to issue writs.

of scire facias. The Supreme Court, the circuit courts of appeals, and the district courts

R. S., sec. 716, p. 136.

shall have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.

Sec.263.

Whenever notice is given of a motion for an injunction

Temporary restraining orders.

out of a district court, the court or judge thereof may,

R. S., sec. 718, p. 136.

if there appears to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion; and such order may be granted with or without security, in the discretion of the court or judge.

Sec.264.

Writs of injunction

Injunctions.

may be granted by any justice of the Supreme Court

R. S., sec. 719, p. 136.

in cases where they might be granted by the Supreme Court; and by any judge of a district court in cases where they might be granted by such court. But no justice of the Supreme Court shall hear or allow any application for an injunction

Issue by Supreme Court justices.

or restraining order in any cause pending in the circuit to which he is allotted, elsewhere than within such circuit, or at such place outside of the same as the parties may stipulate in writing, except when it can not be heard by the district judge of the district. In case of the absence from the district of the

By circuit judge in absence of district judge.

district judge, or of his disability, any circuit judge of the circuit in which the district is situated may grant an injunction or restraining order in any case pending in the district court, where the same might be granted by the district judge.

Sec.265.

The writ of injunction shall not be granted by any court of the United States

No injunction to State court except in bankruptcy.

to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.

Sec.266.

No interlocutory injunction suspending or restraining the enforcement, operation, or execution

Injunctions based on unconstitutionality of state laws.

of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of such statute, shall be issued or granted

Ante, p. 557.

by any justice of the Supreme Court, or by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionally of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit or district judge, and shall be heard and determined by three judges,

Hearing before three judges.

of whom at least one shall be a justice of the Supreme Court, or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application

Applications.

as aforesaid is presented to a justice of the Supreme Court, or to a judge, he shall immediately call to his assistance to hear and determine the application two other judges: Provided, however,

Provisos.

That one of such three judges shall be a justice of the Supreme Court, or a circuit judge

Qualification of judges.

. Said application shall not be heard or determined before at least five days’ notice of the hearing has been given to the governor and to the attorney general of the State,

Notice to State officials, etc.

and to such other persons as may be defendants in the suit : Provided, That if of opinion that irreparable loss or damage would result to the complainant unless a temporary restraining order

Temporary restraining order to prevent irreparable damage.

is granted, any justice of the Supreme Court, or any circuit or district

judge, may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction, but such temporary restraining order shall remain in force only until the hearing and determination of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon such application

Precedence to hearings.

for an interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice hereinbefore provided for. An appeal may be taken direct to the Supreme Court of the United States

Direct appeal to Supreme Court.

from the order granting or denying, after notice and hearing, an interlocutory injunction in such case.

Sec.267.

Suits in equity

Restriction on equity suits.

shall not be sustained in any court of the United States in any case

R. S., sec. 723, p. 137.

where a plain, adequate, and complete remedy may be had at law.

Sec.268.

The said courts shall have power to impose and administer

Powers to Administer oaths, and punish contempts.

all necessary oaths, and to punish, by fine or imprisonment, at the

R. S., see. 725. p. 137.

discretion of the court, contempts of their authority: Provided,

Proviso.

That such power to punish contempts shall not be construed to extend to any cases except the misbehavior

Limitation as to contempts.

of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person to any lawful writ, process, order, rule, decree, or command of the said courts.

Sec.269.

All of the said courts shall have power to grant new trials

New trials.

, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law.

R. S., sec. 726. p. 138.

Sec. 270. The judges of the Supreme Court and of the circuit courts

Power to hold to security of peace and good behavior.

of appeals and district courts, United States commissioners,

R. S., sec. 727. p. 138.

and the judges and other magistrates of the several States, who are or may be authorized by law to make arrests for offenses against the United States, shall have the like authority to hold to security of the peace and for good behavior, in cases arising under the Constitution and laws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective States, in cases cognizable before them.

Sec.271.

Enforcing orders, etc., of foreign consuls.

The district courts and the United States commissioners

R. S., sec. 728, p. 138.

shall have power to carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice consul, or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such court or commissioner, by petition of such consul, vice consul, or commercial agent. And said courts and commissioners

Issue of process.

may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice consul, or commercial agent: Provided, however,

Proviso.

That the expenses of the said imprisonment and maintenance of the prisoners,

Payment of expenses.

and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice consul, or commercial agent requiring such

imprisonment. The marshals

Marshals to assist.

of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the saia courts and commissioners.

Sec.272.

In all the courts of the United States the parties may plead

Pleadings by parties, etc.

and manage their own causes personally, or by the assistance of such counsel or

R. S., see. 747, p. 141.

attorneys at law as, by the rules of the said courts, respectively, are permitted to manage and conduct causes therein.

Sec.273.

Court officials barred from practice in district, etc.

No clerk, or assistant or deputy clerk, of any Territorial, district, or

R. S., sec. 748, p. 141.

circuit court of appeals, or of the Court of Claims, or of the Supreme Court of the United States, or marshal or deputy marshal of the United States within the district for which he is appointed, shall act as a solicitor, proctor, attorney, or counsel in any cause depending in any of said courts, or in any district for which he is acting as such officer.

Sec.274.

Whoever shall violate

Punishment for violation.

the provisions of the preceding section shall be stricken from the roll of attorneys

R.S.,sec. 749, p. 141.

by the court upon complaint, upon which the respondent shall have due notice and be heard in his defense; and in the case of a marshal or deputy marshal so acting, he shall be recommended by the court for dismissal from office.

Chapter Twelve.

JURIES.

Sec. 275.

. Qualifications and exemptions of jurors.

276. Jurors, how drawn.

277. Jurors, how to be apportioned in the district.

278. Race or color not to exclude.

279. Venire, how issued and served.

280. Talesmen for petit juries.

1.

Special

282. Number of grand jurors.

Sec. 283.

Foreman of grand jury.

284. Grand juries, when summoned.

285. Discharge of grand juries.

286. Jurors not to serve more than once a year.

287. Challenges.

288. Persons disqualified for service on jury in prosecutions for polygamy, etc.

Sec.275.

Qualifications and exemption of jurors.

Jurors to serve in the courts of the United States, in each State respectively,

R.S. sec. 800, p. 150.

shall have the same qualifications, subject to the provisions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such

Vol. 21, p. 43.

jurors for service in the courts of the United States are summoned.

Sec.276.

All such jurors, grand and petit,

Drawings.

including those summoned during the session of the court, shall be publicly drawn from a box containing,

Vol. 21, p. 43.

at the time of each drawing, the names of not less than three hundred persons, possessing the qualifications prescribed in the section last preceding, which names shall have been placed therein by the clerk of such court and a commissioner, to be appointed

Commissioner.

by the judge thereof, or by the judge senior in commission in districts having more than one judge, which commissioner shall be a citizen of good standing, residing in the district in which such court is held, and

Qualifications, etc.

a well-known member of the principal political party in the district in which the court is held opposing that to which the clerk may belong, the clerk and said commissioner each to place one name in said box alternately, without reference to party affiliations until the whole number required shall be placed therein.

Sec.277.

Jurors

Apportionment of jurors.

shall be returned from such parts of the district, from time to time,

R. S., sec. 802, p. 150.

as the court shall direct, so as to be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly burden the citizens of any part of the district with such service.

Chapter 12.

Juries.

Sec.278.

No citizen possessing

No race, etc., disqualification.

all other qualifications which are or may be prescribed by law shall be disqualified

Vol. 21, p. 44.

for service as grand or petit juror in any court of the United States on account of race, color, or previous condition of servitude.

Sec.279.

Writs of venire facias,

Issue and serving venire.

when directed by the court, shall issue from the clerk’s office, and shall be served and returned by the marshal in person,

In person.

or by his deputy; or, in case the marshal or his deputy is not an indifferent person, or is interested

R. S., sec. 803. p.150.

in the event of the cause, by such fit person as may be specially appointed for that purpose by the court, who shall administer to him an oath that he will truly and impartially serve and return the writ. Any person named in such writ

By mail.

who resides elsewhere than at the place at which the court is held, shall be served by the marshal mailing a copy thereof to such person commanding him to attend as a juror at a time and place designated therein, which copy shall be registered and deposited in the post office addressed to such person at his usual post-office address. And the receipt of the person so addressed for such registered copy shall be regarded as personal sendee of such writ upon such person, and no mileage shall be allowed for the sendee of such person. The postage and registry fee shall be paid by the marshal and allowed him in the settlement of his accounts.

Sec.280.

When, from challenges or otherwise,

Talesmen for petit juries.

there is not a petit jury to determine any civil or criminal cause, the marshal or his deputy

R. S., sec. 804, p. 151.

shall, by order of the court in which such defect of jurors happens, return jurymen from the bystanders sufficient to complete the panel; and when the marshal or his deputy is disqualified as aforesaid, jurors may be so returned by such disinterested person as the court may appoint, and such person shall be sworn, as provided in the preceding section.

Sec.281.

When special juries

Special juries.

are ordered in any district court, they shall be returned

R. S., sec. 805, p. 151.

by the marshal in the same manner and form as is required in such cases by the laws of the several States.

Sec.282.

Every grand jury

Grand juries.

impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons.

Composition. R. S., sec.808, p. 151.

If of the persons summoned less than sixteen attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. And whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.

Sec.283.

From the persons summoned and accepted as grand jurors, the court shall appoint the foreman,

Foreman.

who shall have power to administer oaths and affirmations to

R. S., sec. 809, p.151.

witnesses appearing before the grand jury.

Sec.284.

No grand jury shall be summoned

Summoning of grand juries.

to attend any district court unless the judge thereof,

Ante, p. 267.

in his own discretion or upon a notification by the district attorney that such jury will be needed, orders a venire to issue therefor. If the United States attorney for any district

Second jury in large cities.

which has a city or borough containing at least three hundred thousand inhabitants shall certify in writing to the district judge, or the senior district judge of the district, that the exigencies of the public service require it, the judge may, in his discretion, also order a venire to issue for a second grand jury. And said court may in

Order of court.

term order a grand jury to be summoned at such time, and to serve such time as it may direct, whenever, in its judgment, it may be proper to do so. But nothing herein shall operate to extend beyond the time permitted by law the imprisonment

Imprisonment beyond indictment, etc., not extended.

before indictment found of a person accused of a crune or offense, or the time

during which a person so accused may be held under recognizance before indictment found.

Sec.285.

Discharge.

The district courts, the district courts of the Territories, and the Supreme Court of the District of Columbia may discharge

R.S.,see.811, p.151.

their grand juries whenever they deem a continuance of the sessions of such juries unnecessary.

Sec.286.

No person shall serve as a petit juror

Service of petit jurors.

in any district court more than one term in a year; and it shall be sufficient cause of challenge

R. S., sec. 812, p.151.

to any juror called to be sworn in any cause that he has been summoned and attended said court as a juror at any term of said court held within one year prior to the time of such challenge.

Sec.287.

When the offense charged is treason

Peremptory challenges.

or a capital offense, the defendant shall be entitled to twenty and the United States to

Number allowed.

six peremptory challenges. On the trial of any other felony, the defendant shall be entitled to ten and the United States

R. S., sec. 819, p.152.

to six peremptory challenges; and in all other cases, civil and criminal, each party shall be entitled to three peremptory challenges; and in all cases where there are several defendants or several plaintiffs, the parties on each side shall be deemed a single party for the purposes of all challenges under this section. All challenges, whether to the array or panel, or to individual jurors for cause or favor, shall be tried by the court without the aid of triera.

Sec.288.

Disqualifications in polygamy trials.

In any prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States,

Vol. 22, p. 31.

it shall be sufficient cause of challenge to any person drawn or summoned as a juryman or talesman—

First, that he is or has been living in the practice

Living in practice of polygamy, etc.

of bigamy, polygamy, or unlawful cohabitation with more than one woman, or that he is or has been guilty of an offense punishable

Vol. 22, p. 31.

either by sections one or three of an Act entitled “An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy,

R. S., sec. 5352, p.1039.

and for other purposes,” approved March twenty-second, eighteen hundred and eighty-two, or by section fifty-three hundred and fifty-two of the Revised Statutes

Vol. 12, p. 501.

of the United States, or the Act of July first, eighteen hundred and sixty-two, entitled “An Act to punish and prevent the practice of polygamy in the Territories of the United States and other places, and disapproving and annulling certain Acts of the legislative assembly of the territory of Utah”; or

Second, that he believes it right for a man

Believes in polygamy, etc.

to have more than one living and undivorced wife at the same time, or to live in the practice of cohabiting with more than one woman.

Any person appearing or offered as a juror or talesman, and challenged

Challenges.

on either of the foregoing grounds, may be questioned on his oath as to the existence of any such cause of challenge; and other evidence may be introduced bearing upon the question raised by such challenge: and this question shall be tried by the court.

But as to the first ground of challenge before mentioned, the person challenged shall not be bound to answer

Right not to answer, etc.

if he shall say upon his oath that he declines on the ground that his answer may tend to criminate himself; and if he shall answer as to said first ground, his answer shall not be given in evidence in any criminal prosecution against him for any offense above named ; but if he declines to answer on any ground, he shall be rejected as incompetent.

Chapter 13.

General provisions.

Sec. 289.

Circuit courts abolished; records of to be transferred to district courts.

290. Suits pending in circuit courts to be disposed of in district courts.

1.

Powers

292. References to laws revised in this act deemed to refer to sections of act.

Sec. 293.

Sections 1 to 5, Revised Statutes, to govern construction of this act.

294. Laws revised in this act to be construed as continuations of existing laws.

295. Inference of legislative construction not to be drawn by reason of arrangement of sections.

296. Act may be designated as “The Judicial Code.”

Sec.289.

The circuit courts

Circuit courts abolished.

of the United States, upon the taking effect of this Act,

R. S., secs. 605-672, pp. 107-124.

shall be, and hereby are, abolished; and thereupon, on said date, the clerks of said courts shall deliver to the clerks of the district courts of the United States for their respective districts

Transfer of all records, etc., to clerks of district courts.

all the journals, dockets, books, files, records, and other books and papers of or belonging to or in any manner connected with said circuit courts; and shall also on said date deliver to the clerks of said district courts all moneys,

Delivery of moneys.

from whatever source received,

To become part of files, etc., of district courts.

then remaining in their hands or under their control as clerks of said circuit courts, or received by them by virtue of their said offices. The journals, dockets, books, files, records, and other books and papers so delivered to the clerks of the several district courts

Powers transferred to district court clerks.

shall be and remain a part of the official records of said district courts, and copies thereof, when certified under the hand and seal of the clerk of the district court, shall be received as evidence equally with the originals thereof; and the clerks of the several district courts shall have the same authority to exercise all the powers and to perform all the duties with respect thereto as the clerks of the several circuit courts had prior to the taking effect of this Act.

Sec.290.

All suits and proceedings

Pending suits to be continued in district courts.

pending in said circuit courts on the date of the taking effect of this Act, whether originally brought therein or certified thereto from the district courts, shall thereupon and thereafter be proceeded with and disposed of in the district courts in the same manner and with the same effect as if originally begun therein, the record thereof being entered in the records of the circuit courts so transferred as above provided.

Sec.291.

Wherever, in any law not embraced within this Act,

Circuit courts’ powers, etc., conferred upon district courts.

any reference is made to, or any power or duty is conferred or imposed upon, the circuit courts, such reference shall, upon the taking effect of this Act, be deemed and held to refer to, and to confer such power and impose such duty upon, the district courts.

Sec.292.

Wherever, in any law not contained

References to laws revised in this act.

within this Act, a reference is made to any law revised or embraced herein, such reference, upon the taking effect hereof, shall be construed to refer to the section of this Act into which has been carried or revised the provision of law to which reference is so made.

Sec.293.

The provisions of sections one to five,

Construction of words, etc.

both inclusive, of the Revised Statutes, shall apply to and govern the construction of the provisions of this Act.

R. 8., secs. 1-5, p. 1,2.

The words “this title,” wherever they occur herein, shall be construed to mean this Act.

Sec.294.

The provisions of this Act, so far as they are substantially the same as existing

Existing laws continued by this act.

statutes, shall be construed as continuations thereof, and not as new enactments, and there shall be no implication of a change of intent by reason of a change of words in such statute, unless such change of intent shall be clearly manifest.

Sec.295.

The arrangement and classification of the several sections of this Act

Legislative construction not presumed from arrangement of sections.

have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the chapter under which any particular section is placed.

Sec. 296.

Title of Act

This Act may be designated and cited as “The Judicial Code.”

REPEALING PROVISIONS.

Sec. 297.

Sections, acts, and parts of acts repealed.

298. Repeal not to affect tenure of office, or salary, or compensation of incumbents, etc.

299. Accrued rights, etc., not affected.

Sec. 300.

Offenses committed, and penalties, forfeitures, and liabilities incurred, how to be prosecuted and enforced.

Chapter 14.

Repealing provisions.

Sec.297.

The following sections of the Revised Statutes

Laws repealed.

and Acts and parts of Acts are hereby repealed:

Revised Statutes.

Sections five hundred and thirty to five hundred and sixty,

Secs. 530-560, pp. 89-94.

both inclusive; sections five hundred and sixty-two to five hundred and sixty-four,

Secs. 562-564, pp.94-96.

both inclusive; sections five hundred and sixty-seven to six hundred and twenty-seven,

Secs. 567-627, pp. 97-109.

both inclusive; sections six hundred and twenty-nine to six hundred and forty-seven,

Secs. 629-647, pp. 110-117

both inclusive; sections six hundred and fifty to six hundred and ninety-seven,

Secs. 650-697. pp. 118-130

both inclusive; section six hundred and ninety-nine;

Sec. 699. p. 130.

sections seven hundred and two to seven hundred and fourteen,

Secs. 702-714, pp. 131-135.

both inclusive; sections seven hundred and sixteen to seven hundred and twenty,

Secs. 716-720, pp. 136, 137.

both inclusive; section seven hundred and twenty-three

Sec. 723. p. 137.

; sections seven hundred and twenty-five to seven hundred and forty-nine,

Secs. 725-749, pp. 137-141

both inclusive ; sections eight hundred to eight hundred and twenty-two,

Secs. 800-822, pp. 150-153.

both inclusive; sections ten hundred and forty-nine to ten hundred and eighty-eight,

Secs. 1049-1088, pp. 194-200.

both inclusive; sections ten hundred and ninety-one to ten hundred and ninety-three,

Secs. 1091-1093, p. 200.

both inclusive, of the Revised Statutes.

“An Act to determine the jurisdiction of circuit courts of the United States and to regulate the removal

Removals from State courts.

of causes from State courts, and for other purposes,” approved March third, eighteen hundred and seventy-five.

Vol. 18, p. 470.

Section five of an Act

Juries in polygamy trials.

entitled “An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes

Vol. 22, p. 31.

of the United States, in reference to bigamy, and for other purposes,” approved March twenty-second,

Exceptions.

eighteen hundred and eighty-two; but sections six, seven, and eight of said Act, and sections one, two, and twenty-six of an Act

Vol. 24. pp. 636, 641.

entitled “An Act to amend an Act entitled ‘An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,’ approved March twenty-second, eighteen hundred and eighty-two,” approved March third, eighteen hundred and eightyseven, are hereby continued in force.

Bowman Act.

“An Act to afford assistance and refief to Congress and the executive departments in the investigation of claims and demands against the Government,” approved

Vol. 22, p. 485.

March third, eighteen hundred and eighty- three.

“An Act regulating appeals

Appeals from District of Columbia and Territorial courts.

from the supreme court of the District of Columbia and the supreme courts of the several Territories,” approved

Vol. 23, p. 443.

March third, eighteen hundred and eighty-five.

Tucker Act.

“An Act to provide for the bringing of suits against the Government of the United States,” approved

Vol. 24, p. 505.

March third, eighteen hundred and eighty-seven, except sections four, five, six, seven, and ten thereof.

Exceptions.

Sections one, two, three, four, six, and seven of an Act

Removals from State courts, etc.

entitled “An Act to correct the enrollment of an Act

Vol. 25, p. 433.

approved March third, eighteen hundred and eighty-seven,

Vol. 24. p. 552.

entitled ‘An Act to amend sections one, two, three, and ten of an Act to determine

Vol. 18. p. 470.

the jurisdiction of

the circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes,’ approved March third, eighteen hundred and seventy-five,” approved August thirteenth, eighteen hundred and eighty-eight.

Criminal cases withdrawn from Supreme Court.

“An Act to withdraw from the Supreme Court jurisdiction of criminal cases not capital and confer the same on the circuit courts of appeals,”

Vol. 29. p. 492.

approved January twentieth, eighteen hundred and ninety-seven.

Suits for official services.

“An Act to amend sections one and two of the Act of March third, eighteen hundred and eighty-seven, Twenty-fourth Statutes at Large,

Vol. 30. p. 494.

chapter three hundred and fifty-nine,” approved June twenty-seventh, eighteen hundred and ninety-eight.

“An Act to amend the seventh section of the Act

Appeals in interlocutory orders.

entitled ‘An Act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States,

Vol. 34, p. 116.

and for other purposes,’ approved March third, eighteen hundred and ninety-one, and the several Acts amendatory thereto,”

Vol. 26, p. 828.

approved April fourteenth, nineteen hundred and six.

All Acts and parts of Acts authorizing the appointment of United States circuit or district judges, or creating or changing judicial circuits,

Acts prior to February 1, 1911, relating to judges, distrcts, terms. etc.

or judicial districts or divisions thereof, or fixing or changing the times or places of holding court therein, enacted prior to February first, nineteen hundred and eleven.

Sections one, two, three, four, five, the first paragraph of section six, and section seventeen of an Act

Commerce Court.

entitled “An Act to create a commerce court, and to amend an Act entitled ‘An Act to regulate commerce,’

Ante, pp. 539-544,577.

approved February fourth, eighteen hundred and eightyseven, as heretofore amended, and for other purposes,”

Vol. 34. p. 584.

approved June eighteenth, nineteen hundred and ten.

Also all other Acts and parts of Acts, in so far as they are embraced within and superseded

Acts superseded hereby.

by this Act, are hereby repealed ; the remaining portions thereof to be and remain in force with the same effect

Portions not affected continued.

and to the same extent as if this Act had not been passed.

Sec.298.

The repeal of existing laws providing

Effect on tenure of office of present incumbents.

for the appointment of judges and other officers mentioned in this Act, or affecting the organization of the courts, shall not be construed to affect the tenure of office of the incumbents (except the office be abolished), but they shall continue to hold their respective offices during the terms for which appointed, unless removed as provided by law; nor (except the office be abolished) shall such repeal affect the salary or fees or compensation of any officer or person holding office or position by virtue of any law.

Sec.299.

The repeal of existing laws, or the amendments thereof,

Pending suits, etc., not affected.

embraced in this Act, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding, including those pending on writ of error, appeal, certificate, or writ of certiorari, in any appellate court referred to or included within, the provisions of this Act, pending at the tiine of the taking effect of this Act, but all such suits and proceedings, and suits and proceedings for causes arising or acts done prior to such date, may be commenced and prosecuted within the same time, and with the same effect, as if said repeal or amendments had not been made.

Sec.300.

All offenses committed, and all penalties, forfeitures, or liabilities incurred prior to the taking effect hereof, under any law

Prosecution of prior offenses, etc.

embraced in, amended, or repealed by this Act, may be prosecuted and punished, or sued for and recovered, in the district courts, in the same maimer and with the same effect as if this Act had not been passed.

Sec.301.

This Act shall take effect and be in force on and after January first, nineteen hundred and twelve.

In effect January 1, 1912.